Dr Maongsangba
The Parliament, which primarily concerns itself with the functions of law making, enjoys a place of primacy and pre-eminence in the governance of the country. In the presidential system, the chief executive selects his cabinet from outside the House and from diverse social spectrum whom he considers as efficient and competent. However in a parliamentary democracy like ours, the Prime Minister has to pick his cabinet from among the available talents in the Parliament. In the light of this, the Parliament, which is an important organ of government call for people who have some educational qualifications, coupled with impeccable track record, high integrity and probity in public life. G.V.G Khrisnamurthy, former Election Commissioner said, “We cannot have persons who are illiterates to swear by the constitution not knowing its contents.”
The present constitutional provision is that, there is no minimum educational qualification prescribed for the lawmakers. The qualification for a Member of Parliament and State Legislative Assembly is laid down in article 84 and 173 respectively. The two important qualifications prescribed for a lawmaker in India must be a citizen of India and not less than 25 years of age. However, educational criterions are conspicuously missing for those who aspire to be lawmakers. It is surprising how a person above the age of 25 years and armed with Indian citizenship alone will be able to do justice to the complex task of lawmaking. Today in India, minimum educational qualification is prescribe for all categories of posts including a peon. So, there is no reason why an important profession as that of lawmakers should be exempted from the purview of educational qualification.
The Constituent Assembly had also mulled over this issue. Dr. Rajendra Prasad chairman of the drafting committee in one of his speech on Nov 26, 1949 observed that he would like to have some qualification laid down for Legislators. He went on to say that “A lawgiver requires intellectual equipment but, even more than that, the capacity to balanced view of the things, to act independently and above all to be true to the fundamental value in life.” However his perception was not shared by majority of the members in the Constituent Assembly and could not be incorporated in the constitution.
N.A Palkhivala a renowned constitutional expert find it absurd to have no training or qualification for legislators and for those governing the largest democracy. As far back as on 28 September, 1979 in his convocation in Madras university he said: “ when at this convocation, you sees degrees conferred upon engineers, doctors, surgeons, lawyers and other professionals, you cannot failed to be struck by the grim irony of the situation where the one job for which you need no training or qualifications whatsoever is the job for which of legislating for and governing the largest democracy on earth”
In a television interview on 3rd June 1999, the then Chief Election Commissioner M.S Gill, also strongly advocated the imperative need to prescribe educational qualification for those contesting election for Parliament and State assemblies. He said, “Minimum educational qualifications must be prescribed for those contesting elections to the Parliament and State Legislative Assemblies. He went on to say that “while educational qualifications are required even for appointment of a peon in any office, how could one justify an elected representative being unable to read bills and other papers?
Keeping in view the important roles perform by the legislators, it is imperative to prescribe educational qualification for Lawmakers. It is absurd to prescribe minimum educational qualification for peon, who carries the files but nothing for honorable lawmakers who are suppose to read, analyze and comprehend the documents relating to important issues. The present position is that, we require literate peon with illiterate lawmaker, which is far-fetched, farcical and ridiculous, to say the least. Education is vital for a lawmaker in view of the enormous powers and responsibilities given to the Parliament to make laws in all aspect of national life.
There should be retirement provision for the legislators too. His popularity among his constituents should not be the sole criterion to continue as lawmakers. There are lawmakers in India, who cannot read, hear or walk properly even in the Central Hall of Parliament owing to old age. This lends credence to the belief that aged legislators hardly do justice to their profession. Elderly politicians can immensely contribute to politics and nation building without being a Member of Parliament. Educational qualification and retirement provision for lawmakers should be considered as a priority in the run up to the impending electoral reforms. The constitution should be amended according to the changing needs of the time, archaic laws should be amended and obsolete law should be dispensed with.
G.V.G Krishnamurthi revealed way back in 1999 that out of 250 Rajya Sabha members 28 members were illiterates. He also said that about three percents of the 4,072 members of the Legislative Assembly in the country were illiterates. Reforming the electoral system, such as prescribing some educational qualification for lawmakers is as important as elimination of booth capturing, influence of money and muscles power in the elections. This will go a long way in regaining the confidence of the people on their elected representatives and help elevate the status of the Legislatures. However, the political leadership and political parties backed by strong lobbies seem to be skeptical to this progressive idea.
The election of criminals and illiterate legislators to the Parliament and State assemblies had lowered the prestige and dignity of the House. As per Outlook Magazines report, criminals Lawmakers in the 14th Lok sabha, comes to whopping 100 from as many as 17 states. These contingents of charge-sheeted MPs includes RJD chief Lalu Prasad and former union Minister of state for Home, Muhammad Taslimuddins both, product of JP movement in Bihar. 11 of them are reported to be dons considered close to top politician in the country. Ironically, India continues to eloquently showcase India’s democratic achievements at different international forum and takes pride in being the largest democracy in the world.
Subhas C. Kashyap, who had seen the functioning of Parliament from a close quarter as Secretary General of the Lok Sabha, expressed concerned with general decline of politics and dominant role of money and muscle power, rampant terror and violence in several parts of the country. His observation can be corroborated by the fact that 435 candidate with criminals contested the elections in the 11th Loksabha in 1996. Out of which 27 made it to the parliament. By the year 2004, the 14th Loksabha has 100 MPs with criminal charges against them, a quantum jump, which should be a matter of concern to the people at large. The presence of a large number of charge sheeted lawmakers has eroded the credibility of our country and its image nosedive among the Comity of Nations.
The face-saver for criminal MPs is that they are all “innocent until proven guilty.” The present position of the People’s Representation Act is that, a person is disqualified from contesting only on conviction by the court of law. So, the criminal could contest elections, become MP and Ministers despite charged with heinous crime like rape, murder, dacoity etc pending their trial. In view of the serious nature of the issue, the EC suggested that, law should be amended to provide that any person who is accused of an offence punishable by imprisonment for five years or more should be disqualified from contesting election even when the case is Pending, provided charges have been framed against him by the competent court.
However, as a precaution against motivated cases by the ruling party, it may be provided that only those cases, which were filed prior to six months before an election alone, would lead to disqualification as proposed.
Secondly, persons found guilty by a commission of enquiry should also be stand disqualified from contesting elections.
It is outrageous that Law-breakers who are deserved to be behind bars is sitting pretty in Parliament making laws for the law- abiding citizens. It is internationally accepted norm that, “Lawbreakers cannot be allowed to be lawmakers.” In India all these people are treated as class by themselves nor the long arm of law had failed to zero in on them. India has made tremendous strides in economic and social development over the last few years and is now on the world stage and joined the league of developed nations. However, where India needs further reform is the Parliament, the highest policy making body where illiterates and criminals are purportedly having a field day.
The presence of a large number of law-breakers with doubtful credentials in the House adversely upsets the Prime Minister’s intention to select an efficient and competent cabinet. This inevitably affects good governance, accountability and transparency. But the policy makers continue to snooze through on this issue. In the light of this, the civil society needs to pitch in to insist on some education for our lawmakers, purge the Parliament of criminal elements and to crack the whip at the errant political class without fear or favour. It is also high time the Parliament introspects what is happening in their backyard and stems the rapid deterioration in the standard of debate and quality of the Members in the Parliament.
(The writer is senior lecturer in Political Science, Fazl Ali College, Mokokchung)
