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  • Category: Miscellaneous

    Why constitution of India can't be amended for this point?

    To get a posting in a government job, the candidate shouldn't have any cases against him. A police enquiry will be conducted and if any case is found against him, he will be disqualified.
    But to become an MP or MLA there is no such rule. Irrespective of the cases against them, they can contest, they can be an MP or MLA. They can become even Minister.
    As per the latest statistics, there are more than 4000 cases pending against present or past MPs or MLAs. Around 2300 cases are pending in respect of the present MPs and MLAs. The Supreme court revealed these details and asking the states to constitute special courts to finalise these cases.
    Why such people who are having pending cases should be allowed to be in the governance bodies? Why the constitution can't be amended in that respect? I solicit the opinions of learned members of ISC.
  • #654446
    Onto this context, all the politicians are on the same platform & amending this is not possible as they are the deciding factors here. With reference to passing of the law there presence is required in the both the houses & any of the members wouldn't want this get implemented because in the case that it is implemented there political would get end-up soon.

  • #654451
    Excellent point Sir. We urgently need a big amendment to the Constitution. One of the most corrupted criminals of the Sasikala clan in Tamil Nadu, heads a political party in Tamil Nadu. He talks as if his family has sacrificed so much for Tamil Nadu. The family is said to be having crores, that is, thousands of crores, in hard cash, hidden in so many places. During the election time, the money comes out. Every single person in Tamil Nadu knows this. Yet, we are not able to do anything about it. The Supreme Court of India needs to urgently intervene and give a fitting judgement in some case. Only then can we see an amendment to the Constitution.

  • #654455
    A very good point Sir, The good part is our constitution has a unique feature of Amendment under article 368. it gives the flexibility to update with the contemporary situations. To make amendments suggested by the author to restrict the criminals to enter the temple of democracy. This should happen. The amendment will get affected when the parliament unanimously goes for such amendment. But the irony is that nobody dares to make such move Why? It is a matter of discussion. The speedy trial of the case of criminal ground should be tracked. Lastly, the onus in on us to elect the candidate who works for the betterment of their constituency and ultimately for the glory of the nation. Its a time for the citizens of India to develop ones political intelligence which can make the big impact.
    Prasanna
    Well done is better than well said

  • #654462
    There are some problem faced in making such an amendment for the politician. Politician are "public persons" , there are always under scrutiny. They always have possibility of having a false complaint against them by the opposition political party. On such circumstances if we bar such persons in election we would be in wrong path.

    On the other side the enquiry of the police case takes time to solve and bring them under court. And again a time consuming process. So during such time it would be inappropriate for the person to bar them from election.

    Supreme court have now formed an committee to find the cases pending against politician. They have made to form special court to finalise such cases. That is a bright sign for future.

  • #654469
    There was a recent judgement by the top court regarding politicians with pending criminal cases entering into election fray. The apex court said that the parliamentarians have to decide and bring in the necessary legislation to stop the criminalization of politics. It's true that the number of politicians having criminal cases against them is on the rise and there must be a legislation to check this.

    While there is a rule to debar a person from contesting elections if she/he is convicted, there is no rule to stop them from contesting when cases are pending against them. All the political parties have a bunch of leaders against whom cases are pending and I feel nobody is thinking seriously to get rid of this menace. The present rules are there only for notifying the EC and the voters about the pending cases, which is not sufficient.

    Actually, we people have a little role to play here. There are lots of instances where people vote for a candidate knowing fully well that cases are pending against the candidate. Money and muscle power play a big role during elections and who has more such power can influence the voters in some way. Parliamentarians are the lawmakers and they have to decide unanimously to get rid out of corruption. We all know the position of Lokpal and Lokayukta in the country and there are many states in which there is no Lokayukta. It seems when it comes to corruption, politicians sail in the same boat. As a citizen, we all want necessary legislation to prevent criminalization of politics but politicians must come forward o bring in the necessary changes.

    Sankalan

    "Life is easier when you enjoy what you do"


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