Comprehensive electoral reforms, empowerment of local governments, enforcement of the
   instruments of accountability and speedy and efficient justice are the key governance reforms
   needed in the country, observed Dr Jayaprakash Narain, Campaign Coordinator of Lok Satta,
   the Andhra Pradesh-based people's movement for governance reforms. Speaking at a day-long
   workshop on "electoral reforms and civil society initiatives" jointly organised by the ISEC and
   Lok Satta here today, he said preventing polling irregularities, reversing criminalisation of
   politics, checking of abuse of unaccountable money power, proportional representation, political
   party reforms and direct election of chief executive at the state level with clear separation of
   powers were needed in electoral reforms. He also stressed the importance of active citizesnship
   and observance of rule of law. "Right to information, citizens' charters, stakeholder
   empowerment, strict penalties for abuse of office are some of the key instruments of
   accountability," he noted.

   POLL EXPENDITURE: Explaining the study conducted by the Centre for the Study of
   Developing Societies, Delhi, during 1999 Lok Sabha polls in which the survey of election and
   campaign expenditure in 24 Lok Sabha constituencies was undertaken, Mr Sandeep Shastri,
   Department of Political Science, Bangalore University during his presentation on "Unaccounted
   use of money power" said that it was almost impossible to win elections in India without
   spending huge sums of money.

   The campaign expenditure of the winning candidate and the runner-up was significantly higher
   as compared to others in the electoral fray, he said. Prof Amal Ray noted that the electoral
   ailment began in 1968-69 during the mid-term polls for several state legislatures. He said
   electoral malpractices and populism in party politics became rampant from that period. He said
   there was an urgent need to convert voters into citizens to create continuous pressure upon the
   working party structures. Dr L C Jain, ISEC Director Govinda Rao, Mr T R Satishchandran, Prof
   Pai Panandikar, Prof Mallar and Dr N Sivanna and others were present.
 
 

   -By V.Venkatesan

   ON January 15, the Election Commission (E.C.) ordered the postponement of byelections in
   the Saidapet and Vaniyambadi Assembly constituencies in Tamil Nadu but allowed the
   byelection in Andipatti, from where All India Anna Dravida Munnetra Kazhagam (AIADMK)
   general secretary Jayalalithaa is seeking election, to be held on February 21 as scheduled. The
   E.C.'s decision followed its direction to the Electoral Registration Officers (ERO) of Saidapet
   and Vaniyambadi not to publish the final electoral rolls. The E.C. apparently found substance in
   allegations of large-scale deletions from and additions to the voters' lists in these two
   constituencies. It, however, did not find any basis for similar allegations with regard to Andipatti.

   'Vaigai' Sekar, the Dravida Munnetra Kazhagam (DMK) candidate in Andipatti, has challenged
   the decision in the Delhi High Court and sought the deferment of the polls in that constituency
   until the names of 17,000 alleged bogus voters are removed from the electoral rolls. He argued
   that as the results of the Andipatti byelection could influence voters in the other constituencies,
   in order to ensure free and fair elections the polls should be held simultaneously.The E.C., and
   Jayalalithaa, who got herself impleaded in the case, have drawn the attention of the court to
   Article 329 (b) of the Constitution which bars any interference in the matter once the process of
   holding an election begins.

   The E.C.'s move is significant in that this is the first instance ever of it entertaining complaints of
   irregularities after the announcement of the election schedule, and also using an inquiry report
   as the basis of a decision to conduct or defer elections. The purity of electoral rolls has a direct
   and immediate bearing on the quality of elections and governance, and the E.C. has a seminal
   responsibility in ensuring that the process of enrolling voters is free from aberrations.

   The E.C.'s decision followed a report submitted by its secretary K.J. Rao, who visited the three
   constituencies to inquire into complaints regarding irregularities in the enrolment of voters.
   Although the complaints came up after an intensive special revision of the electoral rolls was
   completed, the E.C. accorded priority to addressing them as they were made on the eve of the
   elections.

   K.J. Rao's report is important for the methodology it adopted to verify the genuineness of the
   complaints. The main allegation in the case of Saidapet was that a large number of applications
   for enrolment (Form-6) were received after the deadline for filing claims and objections, that is,
   December 31, 2001, and that these applications were collected by officials of the Chennai
   Corporation from the home of one of the functionaries of a political party. K.J. Rao was told by
   the ERO that only 1,588 applications were received up to December 30, 2001, and that the
   remaining 19,000-odd applications were received on December 31, 2001.

   K.J. Rao thus found that the Commissioner received the forms in bulk on December 31, and
   directed the ERO to get them verified. This, according to him, was against the E.C.'s guideline
   that applications be not received in bulk and that they be received only by the ERO or officers
   designated by him.

   "The Commissioner, Corporation of Chennai should not have, therefore, accepted the claim
   applications in bulk, even though he is the coordinator for the revision exercise. Further, he
   should not have directed the ERO to verify the claim applications received in bulk. This amounts
   to interference with the duties assigned to the ERO under the statute.The Commissioner,
   Chennai Corporation, has thus exceeded his brief," K.J. Rao said in his report.

   K.J. Rao also found that figures relating to the number of claim applications received by the
   designated officers did not tally with the ERO's records. He made random visits to a few houses
   to find out whether the claim applications had been verified properly and whether the
   enumeration was done as per the E.C.'s guidelines. K.J. Rao found that in some cases
   signatures of the applicants were forged, and in some others the contents were untrue. He also
   discovered that enumerators had not visited areas from where complaints of non-enrolment were
   received.

   In Vaniyambadi, too, K.J. Rao found that the names of a large number of residents in areas
   where the enumerators did not visit were deleted from the rolls. He concluded that large-scale
   deletion of names without following prescribed procedures and without notice to the affected
   persons, was a serious lapse. Lack of supervision by Assistant EROs and the ERO, who did
   not check the work of the enumerators, was responsible for this lapse, he said in his report.
   However, K.J. Rao himself visited only one street from where there were complaints of
   large-scale deletion of names. In Andipatti, K.J. Rao found that the number of applications
   accepted for inclusion was 5,402. He visited the Atthankaraipatti and Rajendranagar villages
   that were mentioned in the DMK's complaint. Random checks of more than 20 houses there in
   the presence of representatives of the DMK and the AIADMK convinced K.J. Rao that there
   were no bogus names in the list.

   LOK SATTA, a Hyderabad-based non-governmental organisation, has found that the E.C.'s
   broad guidelines regarding the likely increase in population and voter strength were used as an
   excuse by many local officials to reject applications for inclusion of names on flimsy grounds.
   As there was no serious effort to delete ineligible names, the officials tended to limit new
   additions correspondingly, so that the voter strength in the area did not exceed the total
   determined.

   One post-election survey conducted by Lok Satta in Hyderabad in 1999 to check the
   authenticity of the votes cast revealed several bogus names and also names of persons who
   were no longer alive, whom the official lists had claimed had indeed voted. This survey was
   conducted in an area where peaceful polling was reported. Observers say that there is indeed a
   case to reform and simplify the enrolment process in order to enlist the active participation of
   voters. The E.C.'s random survey to verify complaints may not be the answer to the distortions
   in electoral rolls.

   Observers thus wonder whether the E.C. could use the Tamil Nadu precedent and defer polls,
   wherever it is shown beyond doubt that enumerators did not make door-to-door visits to enrol all
   eligible voters. However, the E.C. may not find it feasible to order similar inquiries on the basis
   of such complaints elsewhere, especially during general elections. 

     -The Times of India News Service

   HYDERABAD: As part of its effort to bring about better governance, Lok Satta, an NGO, has
   produced a set of video capsules which will be telecast on the electronic media during the
   forthcoming elections to panchayat raj bodies in the state.

   State Election Commissioner K Madhava Rao released the capsules in the presence of district
   collectors here on Thursday.

   The video capsules reflect the loopholes in the election system such as empty promises an d
   abetment of crime by candidates. The message is clear: People must their franchise to select a
   suitable candidate, prevent rigging and discourage the participation of criminal elements.

   The capsule informs voters that if they find that their vote has been cast by someone else, they
   can obtain the ballot paper from the polling officer and exercise his franchise. Unlike the usual
   ballots, the tendered votes are sealed in covers and sent to the State Election Commission's
   office. The election commission reserves the right to order a repoll in polling stations where the
   number of tendered votes exceeds two per cent of the total valid votes.

   Speaking to reporters after the release of the capsules, Madhava Rao said the capsules will be
   circulated to districts and the respective collectors have been asked to make arrangements for
   their telecast through local cable networks. Expressing happiness over voluntary organisations
   like Lok Satta evincing interest in taking up awareness campaigns for the benefit of voters, he
   said the election commission will take up the telecast of the capsules through state-wide cable
   networks like Gemini and ETV.

   Lok Satta representative BPR Vithal, who participated in the programme on behalf of Lok Satta
   convenor Jayaprakash Narayan, said the organisation's campaign was aimed at educating the
   citizens about their electoral responsibility.

   The Lok Satta's mega training programme of training one lakh people in active citizenship is
   also underway in six district.
 

 POLL REFORMIST STRESSES ON REGULARISING ELECTORAL REGISTRATION PROCESS

   Mumbai is the best city to start a rejuvenation process. We must start believing that dedicated
   people can bring about a change in the world more often than we imagine asserted Dr
   Jayaprakash Narayan, the Campaign Co-ordinator of Lok Satta, an NGO based in Hyderabad.
   Dr Narayan was addressing AGNI (Action for Good Governance and Networking in India)
   coordinators in the city. As known, AGNI has undertaken a campaign to spread awareness
   about municipal elections 2002 called "election watch".

   Mumbai is the economic hub and people out here are devoted. In 1990-1991, New York was in
   the pits. Life was pathetic, the city was bankrupt and the civic services were collapsing, the
   tubes were unsafe, the mafia's reign ran rife. But things did change and a city government was
   established. However, in India public institutions are very rigid in functioning and lack
   accountability.

   Narayan has been instrumental in guiding AGNI to ensure that the coming civic polls are fair
   and clean. The fist thing to be done according to him is to get hold of the electoral rolls. AGNI
   has already approached the collector's office for the same.

   Even if 3,000 people vote sensibly, they can dramatically transform the government. Vote
   rigging continues even to this day. Citizens must come forward to fight a corrupt system stated
   Narayan.

   Stating that the root cause of corruption in India lies in the electoral process, Narayan pointed
   out that electoral registration needs to be more accessible and voter-friendly. He has suggested
   that post offices and panchayats function as nodal agencies where voters can go to collect
   rolls, etc., This will have far-reaching implications in transforming the electoral process. In fact,
   their newsletter, Lok Satta Times, is formed to sensitize activists and public opinion makers
   into practical action.

   Mumbai's citizens initiatives like AGNI are doing a good job indeed. What happens in Mumbai
   will impact the whole country. The government is faced with a bleak fiscal future as it can't keep
   raising taxes and printing notes. They cannot sack their employees either, explained Narayan.

   " The media can play a crucial role in ensuring that the right candidates stand and win. It's time
   we realise what we are capable of and prove to ourselves that we can change society for the
   better."
 

   The problem of corruption enters every citizen's daily life. Almost every interaction with the
   government - be it for a birth certificate or ration card, electricity connection or water supply, for
   filing a police complaint or approval of a building plan - requires a bribe. All the eloquent
   sermons on the scourge of corruption by every party seeking power have provided no real relief
   to citizens. If anything, both the scale and spread have escalated.

   Why has rent-seeking behaviour become so rampant? The answer lies in the high election
   expenditure. The Centre for Media Studies estimates that the total expenditure incurred by
   political parties and candidates and their supporters in the 1999 Lok Sabha election was
   Rs.2500 crore. Lok Satta's own estimates for the 1999 Andhra Pradesh general election to the
   state Legislative Assembly and Lok Sabha indicate an expense of Rs.600 crore. These
   estimates are by no means farfetched - in at least a dozen assembly constituencies the major
   party candidates spent an average of Rs.2.5 crore, and in a few Lok Sabha constituencies the
   expenditure was as high as Rs.5 crore.

   Election expenditure in Andhra Pradesh is probably higher than in most states. But the picture
   is equally grim for most parts of India. The important aspect is, the bulk of the expenditure
   incurred is for illegitimate purposes - to buy votes, bribe officials and hire hoodlums. In a typical
   Assembly constituency, around 50,000 voters are paid about Rs.50 to Rs.500 and given liquor
   sachets or redeemable coupons. Incurring all this expense does not guarantee victory, but not
   spending it almost certainly guarantees defeat!

   Now let us focus on the consequences of illegal collection of funds and illegitimate expenditure
   in elections. A Rs.600 crore expenditure by the candidates requires a return of Rs.6000 crore to
   cover a reasonable interest and a 'fair' return on their investment. Candidates need to be
   compensated for the time and energy invested in cultivating party bosses, and organising
   dharnas and demonstrations. Often large sums of money change hands to secure the party
   nomination. Election is also a high risk 'winner-take-all' business, and hence the risk premium
   is high. Apart from the minimal requirement for a 'comfortable' life, the elected member also has
   to raise money for future elections. The cronies and hangerson who are the indispensable part
   of a politician's entourage have to be sustained. To desire a ten-fold return on all this investment
   is not an unreasonable estimate!

   But a democracy, however flawed, does not permit extortion of money at gun-point. (Although
   this is happening in pockets of India). Herein starts the intricate maze. The politicains' desired
   return of Rs.6000 crore has to be collected by an elaborate mechanism through the agency of
   the vast army of employees. This translates itself as 'rent' or bribe for most public services.
   There are about 3000 government employees for every politician in office. If each of them retains
   only a small collection fee, the total amount extorted from citizens would be nearly 20 fold - or
   about Rs.120,000 crore. In this way an election expenditure of Rs.600 crore leads to corruption
   totalling Rs.120,000 crore over five years. (With legislatures dissolving sooner, the returns
   should move faster!) And all this in just one major state.

   But the real price paid is not merely money collected as bribe. It is the state of anxiety and
   uncertainty in which a citizen is kept to sustain this chain of corruption. Citizens aren't always
   eager or willing to pay a bribe for basic public services. Most corruption is extortionary. But
   experience teaches us that if we do not pay, we end up losing at least ten times the bribe
   amount. It is this anxiety and uncertainty which ensures the flow of money from the people to
   the top rungs of power. Otherwise the system breaks down!

   If we want to curb corruption and stop misgovernance, the key is comprehensive electoral
   reform.

   (The author is the Campaign Coordinator of the Lok Satta movement based in Andhra
   Pradesh)
 
   Email : for reference
   From: "Gopal Saraswat"
   To    :  Dr. Jayaprakash Narayan
   Date :  Saturday, March 17, 2001
 
   Let us examine Dr. Jayaprakash Narayan's claim that high election expenditure is the cause,
   and not the consequence, of corruption. Under this theory, lowering election expenses for
   candidates will lead to lower corruption. Since caps on election expenses are likely to be
   largely ignored or circumvented, given the rampant corruption in the system, the logical solution
   resulting from this theory is the public funding of elections.

   Let us apply this theory to Laloo Prasad Yadav. He is alleged to have stolen 10,000 crores from
   the public treasury. Going by Dr. Narayan's theory, he had to do so because he had to spend
   1,000 crores to get elected. Now, what would have happened if public funds had been used to
   finance elections ? For argument's sake, let's say 90 percent of the cost of elections were
   funded through taxes. Would Laloo then have stolen only 1,000 crores ? In other words, did
   Laloo steal 10,000 crores because that is the maximum he could get away with, or did he steal
   that amount because it was a fair return on his election expenses ?

   May I suggest that Dr. Narayan has it backwards ? People are willing to spend 1,000 crores to
   win an election because they know that they can steal 10,000 crores if they win. If you offer
   them that 1,000 crores from it, and still steal that 10,000 crores. They will steal it because it
   can be stolen. And no matter how much tax money is spent on elections, those who plan to
   steal will always outspend those who don't.

   The real solution is to reduce the opportunities for corruption, by reducing the involvement of
   politicians and bureaucrats in economic decision making.

   Sincerely,
   Gopal Saraswat
   American Friends Of India
   http:\\www.AmericanFriends.org
 
   ========
   Date      :   March 20, 2001
   From     :  Dr Jayaprakash Narayan
   Reply to : Election expenditure and corruption
 
   Dear Sri Gopal Saraswat,

   Thanks for your email. I have never argued that high election expenditure is the sole cause of
   corruption. The issues are more complicated. High undisclosed and illegitimate election
   expenditure makes it impossible to sustain honesty in public life. Even otherwise honest
   persons will be compelled to resort to corruption for survival in office. Once such a situation is
   reached, corruption becomes endemic and pervasive it is hard to limit corruption to only election
   expenditure. More importantly, there is a multiplier effect as money collected increases
   geometrically with ever-widening circles of officials and employees involved in rent-seeking
   behaviour. Perhaps the most important consequence of this is creating a climate in which
   corruption is rewarded and honesty becomes a nuisance. In that sense, electoral reform is
   fundamental to any serious attack on corruption.

   Lok Satta has always argued that corruption is ke cancer. Its forms and causes are many. In
   addition to electoral malpractices and high expenditure, centralization of power, lack of
   transparency, inadequate instruments of accountability, absence of effective mechanism to
   punish the corrupt and political control of crime investigation are the chief causes of corruption.
   All these need to be addressed through governance reforms. Lok Satta has been championing
   all these institutional improvements. However, as a strategy, we should focus on a clearly
   defined and a easily understood goal, and link the other reform objectives with it. Therefore Lok
   Satta has made electoral reform central to the governance reforms agenda. It is obviously not an
   exclusive agenda, and several components are needed to correct the distortions in our
   governance system.

   The real issue is, no matter what the answers are, they have to be implemented by elected
   politicians. Politicians elected through a distorted and corrupt process have no incentive to
   make the system clean and fair. More importantly, decent, competent and public-spirited
   citizens have no real chance of success at the hustings under our current electoral system.
   Only those who spend abnormal amounts of money and deploy muscle power in abundance
   can win elections most of the time. Big money does not guarantee victory, but lack of big
   money almost certainly guarantees defeat. Therefore, in order to ensure election of the best
   citizens to public office, electoral reform becomes critical.

   Electoral reform does not mean either unreal and unimplementable caps on election expenses
   or state funding. Lok Satta strongly advocates strict disclosure norms and compulsory auditing
   with severe penalties for non-compliance or abuse of money power. This should be coupled with
   tax incentives for campaign contributions. State funding, if any, may have some role, but only
   after there is complete transparency in funding and utilization, and after effective regulation of
   political parties to make them democratic, open and transparent. Real electoral reform,
   however, lies in moving towards a system of proportional representation. As long as individual
   candidates in the FPTP system have the incentive to spend abnormal money and resort to
   malpractices to win, and once they win, they can indulge in the power game at will, there will be
   serious electoral fraud and corruption. We should shift from the present FPTP system and have
   a mixed-system as in Germany, which combines the best feature of FPTP and PR.

   Decentralization of power to local governments is critical to reduce the number of links in the
   chain of decision making, to effectively combine authority with accountability, and to make the
   citizen see what is happening to public money and what are the consequences of
   misgovernance and corruption. Then, and only then will the poor value their vote m money they
   are offered on election day. To day many people sell their vote. It is a rational response to an
   irrational situation. As voters realize that the outcome of elections doe not really change
   anything, they are tempted to look for short-term monitoring gains. In a decentralized
   government the voter understands his long-term stakes, and is less likely to be induced to vote
   for money.

   One last point. Laloo Yadav did not set out to steal public money or indulge in corruption. He
   was a great emergency hero who fought against tyranny. His early record in power was quite
   decent. The compulsions of present day politics made him what he is today. Once you indulge
   in corruption for survival, corruption for personal gain is the next logical step for many people.
   That is why we need to first remove the alibis for corruption.

   As I stated before, there is no substitute to decentralization of power, right to information,
   instruments of accountability and effective mechanism to punish thcorrupt so that the risk of
   corruption is high and reward is low. Each of these is a necessary condition, but not suffient. It
   is not enough to reduce involvement of politicians and bureaucrats in economic decision
   making. If conditions which compel or promote corruption remain, it will continue to exist, but in
   different forms. The sovereign areas of government functioning will be increasingly
   corruption-ridden, and the citizen will be harassed even more severely on matters of life and
   death. It is no accident that the liberalization preocess led to new forms of corruption. There is
   now the one-time big corruption to kill the golden goose. Power purchase agreements or
   privatization of PSUs are the favourite sources of corruption now. Corruption in defence
   purchases has probably increased, as defence is always going to be with government, and
   national security is a holy cow. More dangerously, political and bureaucratic links with criminal
   gangs and mafias have now become stronger. You can never take away the power of policing
   and justice administration from government. Corruption can be curbed only by an all-out assault
   on several fronts. With regards,

   Dr Jayaprakash Narayan
   Campaign Coordinator
 

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