Dated: 26.09.2013
To,
Hon’ble Sh.Pranab Mukherjee
The President of India
Rashtrapati Bhavan, New Delhi-110004

Subject:      Representation on Representation of Peoples (Amendment) Bill, 2013 (“Ordinance”)

Dear Sir,

This is in reference to the captioned subject matter wherein Government of India in its Cabinet meeting has decided to negate the Judgment dated 10.07.2013 of Hon’ble Supreme Court in the case of Chief Election Commissioner Vs Jan Chaukidar & Others (Civil Appeal No.3040-3041 of 2004) by promulgating the aforesaid Ordinance. In the said Judgment, Hon’ble Apex Court has declared that a person who has no right to vote by virtue of sub-section (5) of Section 62 of the Said Act, is not elector and is therefore, not qualified to contest the election to either house of Parliament or the Legislative Assembly of a State.

It is correct that under Article 123 of the Constitution of India, Hon’ble President of India has power to promulgate the ordinance if the President is satisfied that the circumstances exist which render it necessary for him to do so, however, in this particular Ordinance, there is no such circumstances which render it necessary for Hon’ble President to take immediate action by promulgating the aforesaid Ordinance. During the Constituent Assembly debate various Noble Souls had raised objections on continuing with this power by giving the example of USA and Britain which does not have such power, on which Mr. Naziruddin' Ahmad[i] had stated that:-

“....The Honourable Member seems to think that in a Free India there should be no such laws, but we are going to have democratic independence and democracy means rule of law. The Honourable Member suffered from the nightmare of the, misuse of the Ordinances, of which we have had enough experience during the last war. I think that nightmare should go. The power will now be exercised by our elected men and our chosen representatives and they would no doubt act on the advice of responsible ministers. It is therefore reasonable to suppose that they would not abuse their powers. In these circumstances, I should suppose that they should have the power. But the question is really the proper application of the power or its misapplication. I think the existence of the power is a necessity so as to enable the Government to run on smoothly. What would happen when the legislatures are not in session and when there is a grave emergency? As to the kinds of emergency, there are an unlimited variety which may arise. A war or a mutiny or anything of that kind may arise. Flood shortage and other things may arise. Then the legislature may not be in session. So, the President should have this power which may be employed usefully for the good of the community. in these circumstances, I should submit that the existence of the power is a great necessity and I have no reason to suppose that they would be misapplied: rather they would be applied for our benefit.

Dr.Ambedkar during the debate on this provision had stated before the Assembly that:

“...My submission to the house is that it is not difficult to imagine cases where the powers conferred by the ordinary law existing at any particular moment may be deficient to deal with a situation which may suddenly and immediately arise. What is the executive to do? The executive has got a new situation arisen, which it must deal with ex hypothesi it has not got the power to deal with that in the existing code of law. The emergency must be dealt with, and it seems to me that the only solution is to confer upon the President the Power to promulgate a law which will enable the executive to deal with that particular situation because it cannot resort to the ordinary process of law because, again ex hypothesi, the legislature is not in session. Therefore it seems to me that fundamentally there is no objection to the provisions contained in article 102”.

Therefore, the Noble Souls were of the view that their future generations will not abuse the provision and work within the framework of the Constitution and toward achievement of the Rule of Law, with these objectives in their mind they had burnt their mid night oil and sacrificed their lives.

Sir, India is a largest democratic country and popular in the world so the survival of the democracy in our Country is in the interest of entire democratic world, though in India, democratic view and democracy has put its foot strongly even though, Our Country is going through a very tumultuous period which some time erupted in agitation and movement. The Will of the People or its Citizen is supreme in Democracy, thus, if will of the people get polluted, it is neither good for Governance nor for the democracy. The Will of the People comes through election when they elect their representative to enact the law and in turn they perform the duties for the welfare of the Citizen and Country, however, due to criminalisation of the Politics these objectives and will of the People is getting suppressed, against which voices have been raised by various Intellectuals for stoppage of criminalization of the Politics and Election reforms.

The Judgment which has been passed by Hon’ble Supreme Court is one step towards this goal however it seems that Government of India to save some of their Associates for their personal benefits is moving this ordinance which is neither good for the Will of the People nor for the democracy. There is consensus among the people of this country who does not want criminals in the Politics. These Criminals do not convey the Will/Thoughts of the People of their Constituency from where they got elected.

If we take example of a constituency where total electors were 1413535 and Winner secured 465713, however voter exercised their rights were 780445 (55.2%), which means he represents only 32.95% of the People rest 67.05% are either against him or silent.

The argument put forth in support of Ordinance is also very feeble because a Judge even though at lower hierarchy after applying his judicial mind convict a person, such person do not have legal as well as moral rights to represent people of this country. Further such person is debarred from contesting election or voting only after pronouncement of Judgment on accusation against him and not on filing of the FIR/Charge Sheet or framing of Charges so political advantage by rivals is totally imaginary and can be ruled out.

Sir, People of this country is very tolerant but tolerance has a limit which some time get exploded in the form of agitation and movements which had been seen by this Government in past also. Thus, before summing up my request I would like to quote a statement of Martin Luther King who said that “The Silence of Good Man is more dangerous than the brutality of bad Man” so I craves Hon’ble President to consider the vision of our freedom fighters and political thinkers before exercising his power under Article 123 of the Constitution of India.

Jai Hind!


Vishnu P.S. Langawat
An Ordinary Citizen of this Country



















[i] Constituent Assembly of India-Volume-IV dated 28.07.1947

Comments

Vishnu Langawat said…
filed Vide Registration number PRSEC/E/2013/15847 dated 26.09.2013

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