Right to contest from jail
[dropcap]L[/dropcap]ike its citizens belonging to diverse communities and religions, India is a land of numerous contradictions. Practically every other day something or the other crops up to keep the powers that be on their toes. The various scams or whatever (scam) gates notwithstanding much to the delight of the Opposition parties notably the BJP, the ruling UPA Govt. seems strong enough to fight back.
The usually mild mannered Prime Minister Dr Manmohan Singh displayed his combative spirit (similar to his strong determination to have the nuclear bill passed two years ago) when he made a scathing attack on the BJP in the Rajya Sabha on Friday, August 30. He accused the BJP of repeatedly disrupting Parliament thus hurting sentiments of investments when he was making an official statement on the state of the country’s economy. This, as usual, naturally started a war of words.The Premier said that for the smooth functioning of Parliament, it was imperative for all parties irrespective of political divides to honour the norms instead of only depending on the ruling party to do so. He wished that opposition would be consistent and let the ruling party govern because building of consensus is both the responsibility the government and the opposition.
The BJP’s constant opposing and criticizing the government is because the principle opposition has never reconciled to the fact that it was voted out of power nine years back. Prime Minister, however, was of the view that any problem can be resolved only if the BJP recognizes its (negative) conduct in Parliament.
Be that as it may, the BJP even tried to downplay the amended Bill which was passed in the Rajya Sabha allowing jailed people to contest in any of the polls, on August 27. The Upper House approved a proposal to maintain the right of those in jail to enter the electoral fray.
The Bill was passed subsequent to a Supreme Court order on July 10 last which ruled that those in jail cannot vote according to the Representation of People’s Act and hence cannot be eligible to contest in parliamentary or State Assembly elections. The apex court’s judgment has been described by Union Law Minister Kapil Sibal as being “clearly erroneous.”
One of the amendments states that as the name of the jailed person continues to be on the electoral rolls, he or she also continues to be an elector. Thus he or she can also file nomination for an election. Once passed by Parliament, the amendment shall come into effect from July 10, 2013, the day the Supreme Court gave its judgment.
He has accordingly advised the judiciary to be “extremely careful” in giving rulings which have an impact n the polity of the country.
The Law Minister also was of the view that courts in general are “enthusiastic” to prove that politicians are criminals. He admitted that politicians are human and thus fallible. By the same yardstick, even judges can also make mistakes.
Why the Supreme Court has at this juncture of all times, decided to pass such an order gives rise to several implications. Throughout history the world over in general and India in particular, politicians have been known to have been jailed for whatever reasons, but have been elected while still in prison.
There are numerous instances to recount here. But the maverick George Fernandes who was chained in prison during the Emergency rule of Indira Gandhi was voted by the electorate by a large margin. Closer home is the case of Champion Sangma, a former Meghalaya police officer who started an insurgent outfit of the Garos and is now contemplating contesting even though he has been arrested.
The apex court, however, indulged in semantics when it also made it clear that disqualification would not be applicable to persons subjected to preventive detention under any law.
