XI LOK SABHA DEBATES,   Session V (Monsoon) 

Tuesday, August 12/Shravana 21, 1919 (Saka)



Type of Debate:	STATEMENT REGARDING ORDINANCE -LAID

Title:	The Presidential and Vice-Presidential Elections (Amendment) 
Ordinance,1997- Laid.

TEXT :
 
18.27 hrs.

THE  MINISTER  OF  STATE  OF THE MINISTRY OF LAW AND JUSTICE (SHRI RAMAKANT D.
KHALAP):  Sir, I beg to lay on the Table an explanatory statement  (Hindi  and
English   versions)   showing   reasons   for  immediate  legislation  by  the
Presidential and Vice-Presidential Elections (Amendment) Ordinance, 1997.

	Sir, in the Presidential and vice-Presidential Elections Act, 1952, as
originally enacted, no security deposit was prescribed.  The nomination  paper
of  the  candidate,  however,  was  required to be subscribed by the candidate
himself as assenting to the nomination and by two  electors  as  proposer  and
seconder.

	In order to discourage frivolous candidates from filing nominations to
the  offices  of the President and Vice-President, the Act was amended in 1974
to provide that, in case of Presidential election, the nomination paper should
be subscribed by the candidate as assenting to the nomination and also  by  at
least ten electors as proposers and at least ten electors as seconders. In the
case  of  Vice-Presidential  election, the requirement was that the nomination
paper should be subscribed by the candidate as assenting to the nomination and
also by at least five electors as proposers and  at  least  five  electors  as
seconders. The amendment also provided that the candidate for Presidential and
Vice-Presidential elections shall have to deposit a sum of Rs.2,500/.

	The  aforesaid  amendments  are not sufficient deterrent to discourage
non-serious candidates. The Election Commission of India, in  February,  1997,
suggested  that  the  security  deposit  for  elections  to the offices of the
President and Vice-President may be enhanced.

	The  Government  considered  the  suggestion  made  by  the   Election
Commission  and  decided  to  enhance  the  security deposit to rupees fifteen
thousand. It also decided to increase the  minimum  number  of  proposers  and
seconders  to fifty each in respect of election to the office of President and
twenty each in respect of election to the office of Vice-President.

	As Parliament was not in Session and the notification for Presidential
election was to be issued on 9th June, 1997, the said amendment  was  effected
by  promulgating  the Presidential and Vice-Presidential Elections (Amendment)
Ordinance, 1997 (No.13 of 1997).

PROF. RASA SINGH RAWAT (AJMER):



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