AIPPM

AGENDA: Deliberating on Possible Electoral

Reforms
Background Guide
Contents
LETTER FROM THE EXECUTIVE BOARD........................................................................................ 3
Following is a suggested pattern for researching (if required): .............................................................. 4
PROOF/EVIDENCE IN COMMITTEE .................................................................................................. 4
All India Political Parties Meet (AIPPM) ................................................................................................. 4
Agenda: Deliberating on Possible Electoral Reforms .............................................................................. 6
Intervention by the pro-active Judiciary .................................................................................................. 7
Key “issues” for the Committee’s consideration – ................................................................................... 7
255th report of Law Commission - Suggested Electoral Reforms .......................................................... 8
Area of Research-...................................................................................................................................... 10
Links for further Reading- ....................................................................................................................... 10

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LETTER FROM THE EXECUTIVE BOARD
Dear Prospective Members,

On behalf of the Executive Board, we extend a warm welcome to all of you and congratulate you on being a part of
the CHITKARA MUN and Climate Change Summit 2019.

The committee being simulated, unlike most other simulations you must have heard of or been a part of; focuses on
political intellect and analytical application of thoughts and strategic application of thoughts in resolving impending
politically sensitive bilateral issues.

Kindly note that we are not looking for existing solutions, or statements that would be a copy paste of what the kind
of leader you are representing has already stated; instead we seek an out of the box solution from you, while
knowing and understanding your impending political and ideological limitations.

This Introductory guide would be as abstract as possible, and would just give you a basic perspective on what you
can expect from the committee and areas within which your research should be focused at this given point of time.
Given, the extremely political and volatile nature of this committee, your presence of mind and politico-analytical
aptitude is something which we at the executive board would be looking to test.

Kindly do not limit your research to the areas highlighted but ensure that you logically deduce and push your
research to areas associated with the issues mentioned.

Also, unlike most conventional/unconventional committees you have attended, this committee shall have
“substantive” intervention by the Executive Board.

The objective of this background guide is to provide you with a ‘background’ of the issue at hand and therefore it
might seem to some as not being comprehensive enough. If you feel that the Guide does not cover all the issues and
it could have been compiled in a better way by giving more information or links or better arguments ‘for’ and
‘against’, we think that would be the appropriate time to pat our backs for we successfully managed to compile a
‘Background Guide’ and not a ‘Study Guide’ which most of the Executive Board members fail to differentiate. We
feel that ‘study guides’ are detrimental to the individual growth of the delegate since they overlook a very important
part of this activity, which is- Research. We are sure that this background guide will give you a perfect launching
pad to start with your research.

The usage of internet in the committee is prohibited, barring the devices the Executive Board, the Secretariat and the
Conference Staff are carrying.

Wishing you all good luck and hoping to see you all at this conference discussing imperative issues of national
concern.

Warm Regards

Rahul Puri (Moderator)

rahulpuri1308@gmail.com

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Following is a suggested pattern for researching (if required):

➢ Research on the allotted personality, understanding his/her thinking about the agenda.
➢ Comprehending the Party Policy of the allotted Personality. It includes understanding the ideology and principles
adopted by the party on the agenda. It further includes studying past actions taken by the party on the agenda and
other related issues –specifically analyzing their causes and consequences.
➢ Researching further upon the agenda using the footnotes and links given in the guide and from other sources such
as academic papers, institutional reports, national reports, news articles, blogs etc.
➢ Understanding policies adopted by different political parties and major parties involved in the agenda. Including
their position, ideology and adopted past actions.
➢ Characterizing the agenda into sub-topics and preparing speeches and statements on them. It is the same as
preparing topics for the moderated caucuses and their content.
➢ Preparing a list of possible solutions and actions that can be adopted on the issue as per your party’s policies.
➢ Assemble proof/evidence for any important piece of information/allegation you are going to use in committee
➢ Keeping your research updated using various news sources, especially news websites given in the proof/evidence
section.
➢ Lastly, we would request all the delegates to put sincere efforts in preparation and research for the simulation and
work hard to make it a fruitful learning experience for all.

A lot of members have doubts such as what they are supposed to write or how should they structure their speech.
This is completely up to the member. The maximum we can do is to tell you according to our experiences about how
speeches are structured and content chosen for them accordingly. These are:
• Premise – Analysis – Example
• Problem – Solution – Benefits
• Past – Present – Future Scenario
• What – So what – Now what
There can be more structures. These are some of them which the members of the Executive Board have seen.
Note: The best way to debate in any format is to clearly state your opinion and justify it with
substantive rational sources.

PROOF/EVIDENCE IN COMMITTEE
1. Government Reports (Each ministry publishes its own reports including External Affairs Ministry)
2. Government Websites
3. Government run News channels i.e. RSTV, LSTV, DD News
4. Standing Committee Reports/ Commission Reports
5. RTI Proofs
6. Parliamentary Standing Committee reports
7. Questions and Answers of the parliament
NOTE: Under no circumstances will sources like Wikipedia (http://www.wikipedia.org/), Amnesty International
(http://www.amnesty.org/) or newspapers like Times of India (http://timesofindia.indiatimes.com/), etc. be accepted
as PROOF/EVIDENCE. But they can be used for better understanding of any issue or even be brought up in debate
if the information given in such sources is in line with the beliefs of the Government.

All India Political Parties Meet (AIPPM)

The All Indian Political Parties Meet is a non-technical yet powerful committee introduced in order to emulate
political realities by bringing to light various layers of polity and governance in India. It is quintessential that

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members be thoroughly researched about all the current political happenings around the country and the members
are also required to be aware of their character’s political affiliations, interests, ideology etc.
Generally, AIPPM is called by Prime Minister or Speaker of the house, so that all parties come to a single alignment
regarding the circumstances and problems which needs our special attention.

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 Agenda: Deliberating on Possible Electoral Reforms

One of the most important things that makes a democracy function is the fair and unbiased
electoral process. The Election Commission of India (EC) for the last six-decades has managed
to carry out elections in the country in a free and unbiased manner; however, with the passage of
time every process needs certain amendments to keep up with the contemporary practices, and so
does the electoral process of India. Consequently, over the number of years many reports and
recommendations by various statutory and independent organizations have been proposed.
Both the Law Commission of India in its 170th report on “Reforms on Electoral Laws” in 1999
and the Election Commission of India in in its report on “Proposed Electoral Reforms” in 2004,
respectively, have given suggestions on the said issue, however, the same are yet to be
considered. There are other committees and commissions as well which have examined the
prevalent challenges to the present electoral system: -
• The Goswami Committee on Electoral Reforms (1990)
• The Vohra Committee Report (1993)
• The Indrajit Gupta Committee on State Funding of Elections (1998)
• The Law Commission Report on Reform of the Electoral Laws (1999)
• The National Commission to Review the Working of the Constitution (2001)
• The ECI – Proposed Electoral Reforms (2004)
• The Second Administrative Reforms Commission (2008)
Unfortunately, these recommendations were not to be considered by the legislature at any point
in time.
In 2013, The Ministry of Law and Justice requested the 20th Law Commission to consider this
issue in entirety and suggest certain recommendations in this regard. Consequently, the Law
Commission under the chairmanship of Justice (Retired) D.K. Jain, Prepared and circulated the
Consultation Paper in this regard. The said Consultation Paper listed certain issues for
consideration including decriminalization of politics and consequent disqualification of
candidates; false affidavits; need to strengthen law relating to the period of disqualification etc.
State funding of elections - expenses and donations to political parties; conduct of political
parties; law relating to disqualification of candidates and enhancement of punishment, etc. The
said paper was widely circulated among the political parties and elected representatives of both

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the houses of the Parliament and State Legislatures. However, only eight members of the
Parliament, four each from the Rajya Sabha and Lok Sabha, responded.

Intervention by the pro-active Judiciary

It is more often the case in India that the executive did not show much interest on this subject,
which created space for the judiciary to intervene. Experts argue that electoral reforms in India
are driven more by judicial pronouncements. Major changes brought in by the judicial
pronouncements are as follow: -
• In 2002, the Hon’ble Supreme Court (SC) of India directed that all the contesting candidates
will have to furnish all personal information, including the criminal record at the time of filing of
nomination papers.
• In 2013, Hon’ble SC held that under Sec 8(4) of RPA, 1951 – A legislator shall be disqualified
automatically from being a member of the house; if he is convicted and sentenced for 2 or more
years of imprisonment in a court of law (Appeal to higher court will not provide relief to
legislator, which was the case earlier).
• In another judgment in 2013, the Hon’ble Apex Court gave the citizens – ‘Right to negative
vote during elections, which came to be known as NOTA (None of the above).
• In 2014, the Hon’ble SC directed the trial court to dispose-off the criminal cases involving MPs
and MLAs/MLCs within 1 year, after the charges are framed by the court of law.

Key “issues” for the Committee’s consideration –

I State Funding of Elections – It basically means that government extending financial
assistance (cash/kind) to political parties (partly/fully) for contesting elections. The objective is
to control and eliminate outside pressure over govt. policies and functioning by vested interests.
It will also help in controlling the flow of unaccounted money and muscle power during
elections and control the levels of corruption in public life.
II Compulsory Voting – The voting in elections to Lok Sabha and Assembly are optional in
India, but it is compulsory in 33 countries of the world including Brazil, Australia, Egypt, etc.
The Gujarat Local Authorities Law (Amendment) Act 2009 has made voting compulsory in local
bodies’ election.
III Bringing Political Party under RTI Act – In 2013, Central Information Commission (CIC)
held that National Political Parties (NPP) are public authorities within the meaning of Sec 2(h) of
RTI Act and directed them to appoint public information officer to provide necessary
information as required by the citizens. However, all the 6 NPP had defied the direction of CIC
on the ground that they are not public authorities within the meaning of RTI Act.

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IV Financial Restriction on Spending – The basic rationale behind imposing the official limits
on expenditure is to provide a level playing field. This is criticized as the resources are limited,
candidates are not able to convey their message and thus voters are not able to make informed
choice. The bigger problem is that candidates rely almost completely on unaccounted cash from
undisclosed donors. This also negates the transparency initiatives of the EC.
V Voting Rights for Prisoner’s – As per an SC judgment, prisoners are second-class citizens
and therefore it is necessary to exclude their polluting influence from the sanctity of democratic
process. It is criticized on the account that there is no-offence/ sentence based classification. It
does not distinguish between prisoners, under-trials and those in lawful custody.
VI Use of Aadhar – The Aadhar number has the potential to resolve the issue of migration and
thus avoiding duplication. It makes possible to enroll a person in one polling station and
simultaneously remove his name from a different polling station. Currently, this process is very
cumbersome, giving rise to multiple voter cards for a single person. It will also facilitate easy
incorporation of minors in the electoral rolls, once they turn 18.
VII Paid News – It is basically the commercialization of news content for revenue generation by
print/electronic media. It is essentially an advertisement which is disguised as professional news
and published in media with the purpose of misleading the general public. EC wants the paid
news to be made electoral offence with not less than 2 years of imprisonment so that such
individuals are disqualified from contesting elections.
VIII Simultaneous Elections – This means conducting elections for Union and State
Legislatures at the same time. Currently in India approximately 2 to 3 states go for elections
every year which has following consequences:
(a) It undermines the working of the union government in power which may not take tough
decisions due to the fear of a backlash in the next round of assembly election.
(b) It will also curtail election expenditure which is unnecessary. The arrangement of
simultaneous elections can be extended to the elections for the municipal corporations and other
Panchayati Raj institutions.

255th report of Law Commission - Suggested Electoral Reforms

Justice Shah headed Law Commission has submitted its 255th report and proposed the following
electoral reforms:
Law Commission of India in its 255th report on electoral reform has pitched for stronger
Election Commission of India (ECI). The report was submitted to Ministry of Law and Justice by
Law Commission Chairman Justice A P Shah.
Recommendations of 255th Report of Law Commission with respect to ECI:

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Appointments of Chief Election Commissioners (CEC) and all Election Commissioners (ECs) -
It should be made by the President in consultation with a three-member collegium or selection
committee. The collegium or committee shall consist of the Prime Minister, the Leader of the
Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and
the Chief Justice of India (CJI).
Seniority based elevation- The elevation of an EC should be on the basis of seniority. If senior
EC is not appointed due to unfit reasons, the three member collegium or a committee give
reasons in writing.
Equal constitutional protection to all members of the ECI- Equal constitutional protection must
be given to all members of the ECI in matters of removability from office. In this regard, Article
324(5) of the Constitution should be amended.
Other Recommendations of the 255th Report:
Independent candidates often referred as dummy candidates to be debarred from contesting
elections. Paid news to be made an electoral offence that can lead to disqualification under
Representation of People Act, 1951.
Several changes should be made in election funding legislation. Candidates must disclose all
contributions received by them from any person or company, and from the political party.
Companies planning to fund a political party must place their plans before shareholders for
approval. In this regard The Companies Act, 2013 must be amended.

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Area of Research-
1. Feasibility of Simultaneous Elections in our country. Points in favor and against.
2. Practical possibility of State Funding of Elections. Why? What steps can be taken?
3. Implementation of Women reservation bill before elections.
4. Important reforms as per your party policies.

Links for further Reading-

- https://timesofindia.indiatimes.com/india/opposition-to-approach-ec-demanding-2019-polls-be-held-
on-ballots/articleshow/65245591.cms
- http://www.prsindia.org/billtrack/womens-reservation-bill-the-constitution-108th-amendment-bill-
2008-45/
- https://www.youtube.com/watch?v=vpbIXXiKo8s (Start from 2:30- Make notes for better
understanding)
- https://www.youtube.com/watch?v=huLFk54gmdY
- https://www.youtube.com/watch?v=4KqCF5QRw2U

Note: Please note that nothing mentioned in this background may be used as an established fact
in committee without the presentation of a credible source and substance mentioned. The guide
may act only as a source for your basic understanding of the agenda.
Reiterating, kindly do not limit your research only to these points and feel free to broaden your
horizons of research. This is just a list of topics you should cover and is a reflection of the
direction in which we intend to see the flow of debate in the committee.
For any further queries kindly feel free to mail the moderator directly at the email ID given
above in the letter from the Executive Board.

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