Sunday, May 12, 2013

Views of law students on preventing corrupt persons from entering parliament


Views of law students on preventing corrupt persons from entering parliament

Dear Mr.Venkatraman,

Thank you very much for sending me the views of Law Students of Dr.Ambedkar  Law University on the powers of the Election Commission in preventing criminals from contesting the election.

As the students have pointed out Art.324 can be construed to give such a power to the Election Commission. It is the duty and the responsibility of the Election Commission to conduct free and fair election, and by no stretch of imagination participation of criminals in the election could be considered free and fair.

However, as per law, an accused cannot be called a criminal till the court of law finds him so. As we all know, it takes a long time for such cases to be heard and the justice delivered. There is an urgent need to expedite the legal process, especially of those who win the election. The Election Commission can ask the government as well the political parties to pass such a legislation in the interest of probity in public life, and the civil society activists should promote such a law.

You may be aware that the Government of India has filed an affidavit in the Supreme Court that the Representation of People Act has accorded protection to convicted MPs and MLAs " so that the working of the House is not disrupted" and the electorate was not denied representation ( Indian Express, Feb.12,2013).

Apart from the crimonalization of politics, there are two other issues as well. Most of our representatives start their career with a lie - a lie about election expenses. Then there is the question of accountability. MPs and MLAs hardly meet their electorate after election. For this, there has to be a bigger role for the Election Commission.

There is a certain lack of will among the politicians to purify public life, and then there is apathy among the people. Educating the people and educating our masters ( MPs & MLAs) is the most important task for the civil society activists. It is as daunting as the fight for freedom, and it is a fight worth fighting.

I appreciate your effort and that of the students. We need more such initiatives all over the country.

May 12,2013.      


On Sat, May 11, 2013 at 3:53 PM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

NANDINI VOICE FOR THE DEPRIVED

                                                                                                                                                                 Chennai

  Sir,

                                                                             
HIGHLIGHTS OF THE VIEWS OF THE LAW STUDENTS

ON

"  DOES THE ELECTION COMMISSION HAVE THE POWERS TO BAR THE PERSONS FROM

CONTESTING, AGAINST WHOM CHARGES OF CORRUPTION OR CRIMINAL ACTS HAVE

                                                                                                      BEEN ADMITTED IN THE COURT?"

 

Nandini Voice for The  Deprived , a Chennai based NGO organised a debate amongst law  students on  5th May2013 at Chennai on "  Does the Election Commission have the powers to bar the persons from contesting,against whom charges of corruption and criminal acts have been admitted in the court ?

 The following senior law students from School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University  participated in the debate

 

·          Ms. R. Bhargavi

·          Mr. P. Arun Sugavaneshwar

·          Ms. J. Ponni

·          Mr. K.M.Gowrinath

·          Mr. R. Dhiraj

·          Mr. S. Mithun

·          Ms. R. Gayathri

 

The following were the observers for the  debate

 

·          Mr. P.K.N.Panicker, Educationist

·          Mr. Syed Ali Mujtaba, Senior journalist

·          Mr. S.M. Arasu, Anti corruption activist

·          Mr.C. Elaiyaraja, Asst. Professor, Dr. Ambedkar Law University

 

Mr. N.S.Venkataraman , Trustee , Nandini  Voice for The Deprived conducted the proceedings.


 The highlights of the views  expressed during the debate are  attached


 The views are being forwarded to Election Commissioners,  Hon'ble President of India   and    Hon'ble Prime Minister of India,   Hon'ble Speaker of Lok Sabha  and Hon'ble Chairman of Rajya Sabha.


 An appeal has been made to the Election Commissioners to carefully consider the views expressed by the law students  as well as the observers  during the debate  and consider implementing the recommendations as early as possible.


 We are forwarding the details to you  for your study. You may kindly indicate your views on the recommendations. Kindly also forward the details to your friends and associates and spread the message.


We thank you for your cooperation and support,


 Thanks and regards

 

N.S.Venkataraman

Nandini Voice for The Deprived, Chennai

Email:- nsvenkatchennai@gmail.com

Website :- www.nandinivoice.org

Tel:- 44- 24916037