| Commission Reports/ ADR Landmark Judgments |
Brief Description |
Date |
| Justice J.S Verma Committee Report on 'Amendments to Criminal Law |
Chapter 13 of the report regarding Electoral Reforms is dedicated to ADR's reports on criminalisation. Reforms such as verification of affidavits filed by the candidates, disqualification of candidates contesting elections on cognizance taken and charges framed, CAG audit of assets of winners and related disqaualification in case of incorrect/ false disclosure were recommended. |
23rd January, 2013 |
| Law Commission of India's 244th Report titled 'Electoral Disqualifications' |
De-criminalisation of politics and impact and consequences of candidates filing false affidavits, disqualification for filing false affidavits and needed law reforms to check such practice. |
24th February, 2014 |
| Law Commission of India's Report No.255 titled “Electoral Reforms” |
Recommendations were given in areas covering a) Election finance reforms, b) Regulation of political parties and inner party democracy, c) First Past the post to proportional representation, d) Anti Defection Law, e) Strengthening the office of Election Commission of India, f) Paid news and political advertising, g) Opinion polls h) Compulsory voting Election Petition, i) NOTA and Right to Reject, j) Right to recall, k) Totaliser for counting of vote, l) Restriction on government sponsored advertisements, m) Restriction on number of seats from which a candidate may contest,n) Independent candidates, o)Preparation and use of common electoral rolls. |
12th March, 2015 |
| Inclusion of NOTA on the EVMs |
Supreme Court ordered adding a separate button on the Electronic Voting Machine (EVM) with the option of ‘None of the Above’ (NOTA). The NOTA button was inserted in the EVM machines for the first time during the 2014 Lok Sabha elections. |
27th September, 2013 |
| Disqualification Of Convicted MPs/MLA |
The Supreme Court stated that if a sitting MP/MLA is convicted (not only charged) then he/ she would be disqualified immediately and the seat would be declared as vacant, setting aside the Clause 8(4) of the Representation of People Act. The Clause 8(4) had provided special privilege to MPs/MLAs to hold the office even after conviction if an appeal had been filed in a higher court within the span of 3 months. |
10th July, 2013 |
| Trial of MPs and MLAs within one year |
The Supreme Court of India directed all High Courts that in relation to sitting MPs and MLAs who have charges framed against them for the offences which are specified in Section 8(1), 8(2) and 8(3) of the RP Act, the trial shall be concluded as speedily and expeditiously as may be possible and in no case later than one year from the date of the framing of charge(s). The Court further held that as far as possible, the trial shall be conducted on a day-to-day basis. |
10th March, 2014 |
| Foreign Funding Taken By BJP and INC |
The Delhi High Court held BJP and Congress guilty of taking foreign funding and violating the provisions of FCRA and directed the Home Ministry and ECI to take action against the two parties within six months. |
28th March, 2014 |
| Duty of PM & CMs not to appoint ministers against whom charges have been framed by a criminal court |
Supreme Court advised the Prime Minister and the Chief Ministers of the State to discharge their duties faithfully and conscientiously and consider avoiding any person in the Council of Ministers, against whom charges have been framed by a criminal court in respect of offences involving moral turpitude and also offences specifically referred to in Chapter III of The Representation of the People Act, 1951. |
27th August, 2014 |
| Cancellation of election of lawmakers on suppression of information about pending criminal cases which are within a special knowledge of the candidate |
The Supreme Court of India ruled that disclosure of criminal antecedents of a candidate, especially, pertaining to heinous or serious offence or offences relating to corruption or moral turpitude at the time of filing of nomination paper as mandated by law is categorically imperative and therefore such election would be declared null and void by the Election Commission of India where there is non-disclosure on candidate’s part regarding pending cases where cognizance has been taken or charges have been framed. |
5th February, 2015 |
| Special 11 fast-track courts |
The Supreme Court of India ordered setting up of Special Courts to deal with 1581 cases involving MPs and MLAs as declared at the time of filing of the nomination papers for the 2014 elections. Eleven states have set up 12 special courts. There are two in Delhi and one each in Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Uttar Pradesh, Bihar, West Bengal, Maharashtra and Madhya Pradesh. |
1st November, 2017 |
| Inclusion of Sources of Income of candidate and spouse |
The Supreme Court of India directed Election Commission of India to add 'Sources of income' column in the affidavits i.e Form 26. The court also directed to devise a permanent mechanism for scrutiny of affidavits of MPs/MLAs with disproportionate assets increase. |
16th February, 2018 |
