Archive for November, 2013

Criminality in Indian Political System

For the first time, I had seen a ray of hope when in July 10, 2013 the Supreme Court of India upheld the 2004 Patna High Court ruling, which held that when a person in custody was disqualified to vote, he was also disqualified from contesting the elections.

This ticked the political parties in Parliament and they joined hands to amend the Representation of the People Act 1951 to negate the impact of the apex court verdict directing immediate disqualification of MPs and MLAs on being sentenced for more than two years in a criminal case.

Learned lawyers in Parliament like Kapil Sibal and Arun Jaitley introduced a provision to Section 62(5) which says “by reasons of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.” In effect treating a person in lawful custody in a criminal case as a voter and hence qualified to contest elections.

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The political parties of all hues backed the UPA Government on the move to amend the Act. To understand why this unity you need to understand the criminal antecedents of our elected representatives. According to an analysis done by the Association for Democratic Reforms (ADR) and the National Election Watch (NEW), the Lok Sabha has 30% ie., 162 members have criminal cases against them. 14% have serious criminal cases. Our State Assemblies put together has 31% ie. 1258 members have criminal cases against them. 18% have serious criminal cases. In a break-up of political parties, 75% of Shiv Sena MPs and MLAs since 2004 have declared criminal cases against them, followed by Rashtriya Janata Dal with 46% such candidates and Janata Dal (United) with 44%. The BJP and Congress were at 31% and 22%, respectively.

Now you should understand the urgency. The apex court passed the judgement on July 10, 2013 and the amendments to RPA was rushed through in the Rajya Sabha and Lok Sabha on August 27, 2013 and September 7, 2013 respectively.  The amendments to the bill were passed within about 15 minutes in both houses, after a brief discussion. Some members of course wanted an elaborate debate on the amendments but the overwhelming majority of the House, including Law and Justice Minister Kapil Sibal, Leader of Opposition in LS and RS – Sushma Swaraj and Arun Jaitley, pushed for its passage even without discussion.

Now the final nail on the coffin of this attempt to cleanse our Parliament of dirty politicians have been done by Justices A.K. Patnaik and S.J. Mukhopadhaya.  Through their judgement they have effectively killed the collective hope of the people of India. It must be recalled here that in 2002 and 2003, two vital orders from the same Supreme Court had made it compulsory to candidates to file information regarding any or all criminal cases pending against them, their educational qualification as well as details of the combined wealth of the candidate and their spouses.

But I still have indomitable faith. My faith is in Aam Aadmi Party, for I find them as a few good men and women, who have taken a stand to clean the dirt in politics and I am willing to give them a chance.

My request to all my friends in Delhi is to go out and cast your vote for the Aam Aadmi Party and then we can build the movement to a credible alternative to these Criminal Politicians, across the country.

God Bless India.

PS : I am not a member of Aam Aadmi Party but just a Indian citizen tired of seeing the desperation of both Congress and the BJP. Both wants to make it a Presidential election showing a Pappu and a Feku. We know them, we have seen them in action. They have brought down the standard of debates in Parliament and election rallies to pits. We have also seen them both in action together in Parliament to scuttle the best opportunity to decriminalize the Indian political system.

Cartoon : Courtesy The Hindu & Copy Right Keshav