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Association for Democratic Reforms (ADR) Newsletter
Here's what happened at ADR in the last quarter of 2022...
 
 
 
1) ADR's Petition challenging the constitutional validity of the current practice of appointment of Chief Election Commissioner and Election Commissioners by Executive:
 
Current Status: The matter was heard by the Constitutional Bench of the Supreme Court headed by Justice KM Joseph. The bench also comprised Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice CT Ravikumar. The petition was heard by the court for three consecutive days on 22nd, 23rd and 24th November,2022. The court has reserved the judgment. Five days’ time has been given to all the parties to give their brief written note not exceeding six pages limited to what is argued before the Court.
News Link

2) ADR's petition challenging Finance Act, 2017; Electoral Bonds and Removal of company's limit to donate:

I) On 15th November 2022, ADR filed an Additional Affidavit in the Supreme Court against amendment dated 07-11-2022 to the Electoral Bond Scheme, 2018 that allowed an additional period of 15 days for sale of EBs which shall be specified by the Central Government in the year of General Elections to the Legislative Assembly of States and Union territories with Legislature. The affidavit submitted that the amendment has been done by the government to ensure that more and more donations can be made in a completely opaque manner before State Assembly elections as well. The said amendment which qualified as a policy decision was brought by the government while the Model Code of Conduct (MCC) was still in force owing to the State Assembly elections in the States of Himachal Pradesh (date of poll: 12th November,2022) and Gujarat (date of poll:  1st and 5th December, 2022). It is mandatory for the government including every government department, authority or agency to take prior permission of the Commission before announcing any new scheme, policy or law etc. This arbitrary exercise of power by bringing an amendment and allowing the sale of electoral bonds for additional 15 days during the MCC period reflected government’s blatant disregard towards the plenary powers of the Election Commission as well as the mandatory guidelines issued under the Model Code of Conduct (MCC). Needless to say, this calculated move of the government was to ensure that more and more donations can be made in a completely opaque manner before State Assembly elections in Himachal Pradesh and Gujarat.

II) On 1st December 2022, ADR filed a Supplementary Affidavit in the Supreme Court against the amendment dated 07-11-2022 to the Electoral Bond Scheme, 2018 that was made by the government while the Model Code of Conduct (MCC) period was in force owing to the 2022 Assembly elections in the States of Himachal Pradesh and Gujarat. The supplementary affidavit was also filed to bring on record some deeply shocking revelations made from RTI responses from the Ministry of Finance. In addition, the supplementary affidavit also revealed that the subordinate officials from the Ministry of Finance, Department of Economic Affairs and Ministry of Law and Justice had warned the senior officials of the Finance Ministry against the amendment since the matter is sub-judice before the Supreme Court in W.P (C) 880/2017 and MCC period is in force. These officials in their official communication had suggested that also suggested that“any modification on the issuance of the dates from the ones envisaged by Clause 8 of the said Electoral Bonds Scheme will require; a) Obtaining a legal opinion on the matter from Ministry of Law and Justice; b) Obtaining a clearance from Election Commission of India since the MCC is in place on account of announcement of State Assembly elections.” Sadly the senior officials of the Finance Ministry including the Finance Minister overruled the proposal of the subordinate officials and felt that “the concurrence of ECI for the amendment or for the issuance from the MCC perspective is not needed. However, ECI may be informed about the proposed issuances.”

 

Supplementary Affidavit Link

3) ADR's Letter to ECI: Request for an immediate intervention and appropriate action by the Commission against the amendment brought by the government to the Electoral Bonds Scheme, 2018 during the Model Code of Conduct (MCC) period.

Through its letter, ADR had brought to the notice of the ECI details outlined in Para 2 (II) above.

Letter Link
Our Important Reports & Events
 
 
  1. Sitting MLAs in Himachal Pradesh Assembly Election 2017: Analysis of Criminal Background, Financial, Education, Gender and other details
  2. Himachal Pradesh Assembly Election 2017: Analysis of Sitting MLAs Against Whom Charges Have Been Framed by The Court for Offences Falling Under Section 8(1) (2) & (3) of The R.P Act,1951
  3. Analysis of Performance of MLAs 13th Legislative Assembly of Himachal Pradesh (2018 - 2022)
  4. Himachal Pradesh Assembly Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates
  5. Himachal Pradesh Assembly Election 2022: Analysis of Assets Comparison of Re-Contesting MLAs
  6. Analysis of Criminal and Financial Background Details of Candidates and MPs/MLAs since 2004 in Gujarat
  7. Gujarat Assembly Elections 2022 Phase I: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates
  8. Municipal Corporation of Delhi Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates
  9. Gujarat Assembly Elections 2022 Phase II: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates
  10. Gujarat Assembly Elections 2022: Consolidated Analysis of Criminal Background, Financial, Education, Gender and other details of Candidates - Phase 1 and 2
  11. Municipal Corporation of Delhi Elections 2022: Analysis of Assets Comparison of Re-Contesting Councillors
  12. MCD Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and Other Details of Winning Candidates
  13. Himachal Pradesh Assembly Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and Other Details of Winning Candidates
  14. Himachal Pradesh Assembly Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and Other Details of Winning Candidates
  15. Gujarat Assembly Elections 2022: Analysis of Criminal Background, Financial, Education, Gender and other details of Ministers
  16. Himachal Pradesh Assembly Elections 2022: Analysis of Vote Share, Margin of Victory and Representativeness of Winners
  17. Gujarat Assembly Elections 2022: Analysis of Vote Share, Margin of Victory and Representativeness of Winners
 
 
 
  1. Online Lecture on "RTI as a Tool for Electoral Transparency and Accountability" | Panellist: Ms Pankti Jog, Gujarat Coordinator, ADR
  2. Talk Organised by Metamorphes on "Making Public Figures of India Accountable & Democratic Reforms" | Speaker: Maj Gen Anil Verma (Retd), Head of ADR
  3. Online Panel Discussion on "How do digital campaigning and political financing intersect in the Asia-Pacific?" organised by Electoral Regulation Research Network, International IDEA, and Melbourne School of Government, The University of Melbourne | Panellist: Maj Gen Anil Verma (Retd), Head of ADR
  4. Conversations with Media on "Political Economy of Indian Elections" | Speaker: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR
  5. Talk at Jesus and Mary College on "Transparency in Democracy & Political Funding" | Speaker: Maj Gen Anil Verma (Retd), Head of ADR
  6. Workshop by The School of Law, The NorthCap University on "Electoral Laws Reform: Challenges and Solutions" | Speaker: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR
  7. Fifth LC Jain Memorial Lecture on "The Challenge of Federalism: Negotiating Centre State Tensions" | Speaker: Thomas Isaac, former Finance Minister of Kerala, Chair: Justice TS Thakur, former Chief Justice of India
  8. Online Press Conference by ADR on "Municipal Corporation of Delhi Elections, 2022: Analysis of Criminal Background, Financial, Education, Gender, and Other Details of Candidates" | Speakers: peaker: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR and Maj Gen Anil Verma (Retd), Head of ADR
  9. Webinar by ADR on "How are electoral bonds changing the political funding landscape?"
  10. Voter Awareness Campaign by Gujarat Election Watch
  11. Press Conference by Gujarat Election Watch
  12. 2-day dialogue with college youth in tribal areas of Gujarat
  13. Grassroot Awareness Campaign by Gujarat Election Watch at various locations in Gujarat in November 2022
  14. Karnataka Convention on Electoral Democracy
  15. Voter Awareness Campaign by Himachal Pradesh Election Watch in October and November 2022
ADR Blog
Benchmarks for ECs’ appointments


The way India’s constitutional and political structures have evolved over the years seems to have made elections almost a mechanistic and ritualistic exercise. Read more...

Author: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR
Not freebies, criminals in politics should be EC’s focus
 
There has been a national debate on what constitutes freebies versus what is the legitimate and essential service to be provided by the government. Read more...


Author: Dr Ajit Ranade, Founder Member and Trustee of ADR 
Needed: Citizens’ movement for electoral democracy

The group feels that the “fast-rising economic oligarchy in the country, threatening India as a welfare state, is the direct fallout of this extreme criminal and money power in elections, which is the fountainhead of all corruption in the country.” Read more...

Author: Kathyayini Chamaraj,  State Coordinator of Karnataka Election Watch (ADR) and an Executive Trustee of CIVIC-Bangalore
Why the Election Commission’s appointment is being questioned by the Supreme Court

Sometimes in a small state, elections are held in seven phases and [other times], in a similar sized state, it is held in one phase. Read more...

Interviewee: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR
Regulating freebies: Poll panel’s baffling turnabout
 

“This is a fundamental mistake we seem to make — that elections happen only from the date of the announcement of the election till the date of counting of votes. Election is not a process confined to those two to three weeks. Election is a process that goes on 24/7 around the year,” says Chhokar. Read more...

Interviewee: Prof Jagdeep Chhokar, Founder Member and Trustee of ADR
Annual Report 2021-22 Link
Please help us in assessing voter awareness by filling this survey form.

The survey aims to assess Indian voters’ opinion regarding candidates with criminal cases contesting in elections, exposure to inducements for vote, level of awareness regarding the role of crime and money in elections, and general attitudes regarding the electoral process in a democracy.
Click here to take the survey!
Know how ADR is striving to decriminalise Indian politics!
To donate to ADR, click here!
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Association for Democratic Reforms · T-95, C.L. House, 2nd Floor, Gulmohar Commercial Complex Gautam Nagar, · Near Green Park Metro Station (Gautam Nagar exit) · New Delhi, 110049 · India