how to improve transparency of party/ candidate funding for elections and expenditure : indian...
TRANSCRIPT
How to Improve Transparency of Party/ Candidate funding for Elections and Expenditure : Indian experience
1
What is political finance?
2
Party Finance(Finance of
Political Parties not related to
election)
Campaign Finance(Election related finance of Party and candidates)
3
Expenditure permissible under the law [public meetings, posters, banners, vehicle etc.]
Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them]
Ceiling forLok Sabha- Rs 70 lakh
($0.11mn)Assembly –Rs 28lakh
($43,000)
Such type of expenditure of election expenses of the candidate is stopped
Election expenditure can be classified into two types on the basis of legal
provisions
INDIAN EXPERIENCE:TYPES OF ELECTION EXPENDITURE
Gray Area(Paid
News, Freebie
s in Manifes
to)
E-filing of accounts by parties and candidates
E-filing introduced (optional) on Pilot basis during Loksabha elections
ECRPs trained by ECI in all states ECRP fees for e-filing borne by ECI For the First time e-filing of
candidates’ accounts made compulsory in Bihar elections
Time for making e-filing compulsory for Parties
5
Party Election Expenditure
Party Name
Total Expenditure (in rupees crore)
BJP 712.48
INC 486.21
NCP 64.48
BSP 30.05
CPI(M) 8.8
CPI 6.72
Table 1: Total Expenditure of National parties in Lok Sabha election, 2014.
7
8
9
INDIAN EXPERIENCE
Laws and Rules
Supreme Court Judgments in response to PILs
Model code of Conduct and ECI instructions
10
INDIAN EXPERIENCE
Individuals, Corporates (limit: 7.5% of
average profit) Other entities Electoral Trusts
Political Parties Fund
Raising
From Foreign sources Govt. Agencies Companies making losses
Prohibited
12
• Contribution reports in excess of Rs 20,000 ($313) from a single person or entity, filed with Commission (Statutory)
• Audited accounts to be filed with Income Tax Deptt (Statutory)
• Election Expenditure statements filed with Commission within 90 days of declaration of result (Court direction)
• Transparency guidelines for the parties by the Commission
INDIAN EXPERIENCE
Regulations
13
Name and address of all donors to be maintained excepting cash collected in rallies
Cash payment exceeding Rs. 20,000/-($313) prohibited
Cash payment to candidates by parties prohibited
Cash donations to be deposited in bank account within 10 days and Restriction on huge amount of cash in hand
Copy of audited account to be sent to Commission
INDIAN EXPERIENCE
Transparency guidelines for the parties by the Commission
INDIAN EXPERIENCE
Own source
Political Party
Others (Friends, Well wishers, electors)
No prohibited source for Candidates nor any restriction on amount to be received
Candidates Funding and Expenses
INDIAN EXPERIENCE
Open a separate Bank account (Non-statutory)
Maintenance of accounts and Inspection and Disclosure (statutory)
Ceiling on Expenditure of candidates (statutory)
Election Petition for exceeding the ceiling (statutory)
Lodging accounts (both Source and expenditure) with ECI after election (Statutory)
Regulations
INDIAN EXPERIENCE
Disqualification by ECI for not lodging in time or for lodging incorrect accounts (statutory)
SC and ECI restrictions on transport of cash during election (Non-statutory)
Model Code of Conduct , limiting number of campaign vehicles and campaign days (Model Code)
Party to indicate resources for freebies (Model Code)Symbols order of the Commission for recognized Parties
Regulations
Inducement of voter or any candidate
Unauthorised exp. for the candidate
Publication in Print media without authorisation
Defacement of public property
Pre-certification of advertisement in electronic media ( Case Law)
Paid News expenditure added to candidate (ECI)
INDIAN EXPERIENCE
Laws on Corrupt practices and unlawful acts
If the areas are not covered under any law, ECI can issue instructions to the candidate and party, which are binding
ECI can derecognize a party, under its Symbols Order, if party violates its lawful instructions.
ECI Suspended the recognition of a NPP for not filing election expenditure account in time
18
INDIAN EXPERIENCE
Plenary power of Commission under Constitution (Art. 324)
ECI measures
(Click to view video footage)
Preventive Measures
Campaign for ethical Voting through Media
Booth level Awareness Group
Involving schools/colleges/
CSOs
Signing pledge for ethical voting
For transparency : ECI measures ECI uploads all 3 reports of parties on its website for public viewing (Contribution Report, Annual Audited accounts, Election expense report)
Contribution reports of Parties sent to Income tax department, Home ministry and MCA for verification
ECI sends the election expense accounts of Parties to the CEOs to verify with the shadow register maintained during election
Audited accounts of Parties sent to ICAI for verification of Auditors’ discipline
ECI forms Booth level awareness groups with independent citizens and empowers them to capture photos of malpractice and upload to website for ECI action
20
FOR TRANSPARENCY : ECI MEASURES
ECI takes videos of Rallies and campaign materials of Candidates and tallies with expenses
ECI Monitors the helicopter or air craft expense of the candidates and parties
ECI also records the media expense of Parties and candidates
Candidates asked to open separate bank account for election expenses
Independent expenditure Observers to inspect accounts of candidates 3 times and upload on the website 21
ECI measures
Flying Squads to act on complaints
Static surveillance Teams to put check post
Video Surveillance Team to photograph all events, hoardings
Media certifying and monitoring committee to certify electronic advertisement and to monitor Paid News
Shadow Observation Register for each candidate
Enforcement
Complaint Monitoring cell at District level with toll free number
Mobile software given to public to upload photos of corrupt practice to ECI website
Result of ECI Enforcement
Cash seizure Rs.3038 million ($47.46 million)
Liquor seizure Rs.65.94 lakh litres
(worth Rs.918 million/ $14.34 mn)
Drugs seized Rs. 48,004 kg ( worth Rs.8045 million/ $125 mn)
Measures required for transparency
i. Defining third-party campaigners and threshold for registration with ECI
ii. Reporting obligations and expenditure limits for third-party campaigners
iii. Prohibition on certain sources of funding/ contributions for third-party campaigners
(Experience of UK, USA and S. Korea)
Measures required for transparency
i. E-filing of accounts of Party and candidates made compulsory
ii. Separate bank account for Campaign expense of the Political Party during election period
iii. Funds received during campaign period by Political Parties and candidates need disclosure during election period
iv. Limited Direct State funding of campaign expense of political parties, (media expense or Public rallies) to leverage transparency
v. Restraint on receipt of anonymous donations by parties and candidates during election period
Thanks