In 1998, I invited the late C. Subramaniam, Justice Kuldip Singh, former home secretary Madhav Godbole and Swami Agnivesh to devise a legally enforceable procedure to rid the system of anti-social elements. Within weeks, we came up with a formula that would enable the Election Commission, via a minor change in the Representation of the People Act (RPA), to weed out criminals. The Outlook panel studied the Indian Penal Code (IPC) and selected those sections which constitute heinous crimes. Once an individual had charges "framed" by a designated court for such crimes, he/she would be barred from contesting. I must hasten to add that other formulas have been designed to achieve the same objective. They all gather dust because the people with the power to cleanse the system have a vested interest in keeping it dirty.
What can be done? If we leave it to the netas, you can be sure they'll find some excuse for inaction. "Lack of consensus" is the favourite alibi. The intervention of civil society using the Supreme Court has produced results earlier. We now have some idea of the assets, educational qualifications and criminal record of candidates. The politicians gave in kicking and screaming but civil society won that round. We need to keep knocking on the doors of the Supreme Court to force Parliament to pass legislation which empowers the EC to change theRPA. Otherwise, the talking will continue.
