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Do The Lower Courts Convict?

The retired Chief Election Commissioner was known for being in touch with the ground reality despite being a bureaucrat. Taking to Outlook Saptahik, he maintains that nothing else but political will is required to bring about electoral reforms, espec

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Do The Lower Courts Convict?
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How effective has the Election Commission been in bringing about electoral reforms?

The Election Commission doesn’t have the authority to make laws. It can suggest amendments in laws. Theissue of criminalisation of politics comes under section 8 of  Representation of People Act. It has four sub-sections,which deal with different crimes and punishment for them. Before I came in, this section was not definedproperly. Even if the trial court convicted someone, the person could contest the election because he couldalways appeal to a higher court. In our country where even getting a FIR filed is an achievement, gettingpunishment from a lower court is an enormous achievement. I studied the decisions of High courts and SupremeCourt and found that anyone who has been punished by a lower court, can be stopped from contesting election.

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Who shows the courage to speak out against criminals? The people in the film industry are heroes in thepublic eye. But, their exploits can’t be called heroic. The only man in the industry is a girl - PrietyZinta.

The common man doesn’t think like the people living in cities and bungalows. He has several issues beforehim while going to vote. Don’t forget the Robin Hood Syndrome. The people, who are seen as criminals, affectonly a small number of people due to their criminal acts, but a large section think of them positively.

Translated from Outlook Saptahik, dated February 17, 2003

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