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How to protect democracy in India
Indian Constitution has no provisions to ensure that people having criminal records do not become leaders of the country. This situation should be changed for the country to progress and to safeguard the larger interest of the people.
 
Wed, Jun 25, 2008 17:00:13 IST
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Introduction:

THE FATHER of our Indian Constitution was too wise and had a very ideal personality. His view about the normal Indian people was high in respect of honesty, patriotism, love for motherland, character, duty and right to the nation etc. He could not think or it was beyond his imagination that criminally branded people would once be Members of Legislative Assembly (MLAs), Members of Parliament (MPs) and ministers who would also be leaders of states (chief ministers) of our great country. That was why the father of our Indian Constitution did not provide any strict laws to restrict such political leaders having nexus with criminals or criminals themselves from standing in election as MLAs, MPs, and ministers. Now, time has come to provide some hard rules and laws in our Constitution to keep away those anti-socials and criminals from Legislature and Parliament. Let us do some brain-storming on a few points of suggestions in this context

1. Any person filing nomination for election to be a member of government body like panchayat, zilla parishad, municipal corporation, legislative assembly, parliament etc must be free from all involvements with any anti-social activity, criminal or any other criminal activity directly or indirectly under the jurisdiction of Union government of India or any other countries.

2. Any person willing to contest election for the above government institutions must be free from any kind of police (criminal offence) case (with or without charge sheet) under the above said jurisdiction.

3.Any person willing to contest election as said above, must be free from any kind of financial offence like Income Tax, Sales Tax , disproportionate income and holding assets thereof etc as per laws of our country .

4. The candidate for the above elections must submit his declaration in the form of court affidavit for his movable and immovable assets, income, bank balance etc and his monthly expenditure to maintain his family (as per laws of the country) along with proportionate income tax clearance certificate (current one).

5. There should be two (one pair) elected members for each constituency; the first one will be regular and confirmed member and the other shall be an additional member. The additional member will be kept for stand-by member. The election for the additional member shall be conducted along with confirmed member’s election ie through regular elections using an Electronic Voting Machine (EVM) single button shall indicate the same result of voting for both the candidates. He will not be given any power or allowance. Similarly, his nomination application will be filed without any deposit of fees. His importance will become effective as a regular and confirmed member only in the absence of the confirmed member under any one of the following reasons:

5(a). While filing nomination application form duly filled in, both the candidates must write their plan of activities or programmes/projects or assurances for the people of their constituency in the nomination application and in case of failure to fulfill or implement or complete those programmes of assured works/projects (assured before the public and election held), the membership of any of the above government institution will be ceased and the second elected member will be given chance to act as a regular and confirmed member replacing the failed member/representative of panchayat, zilla parishad, municipal corporation, legislative assembly and Parliament etc. This issue shall be decided by the Prime Minister. In Russian constitution there is a clear provision of election of two deputies (here member and representative) for one constituency. This will generate a spirit or motivation to work sincerely to fulfill his assurances given before election to the public.

5(b). During the session of the house, if any member gets involved in any corruption or any allegation comes on floor with prima facie proof or logically alleged for any anti-social activity, involvement with criminal or criminal activity, fraudulent case or any other anti-people activity against the interest of society, state and country, he will have to relinquish his post or membership from the concerned house as an example of highly responsible moral and administrative obligation. The Prime Minister shall decide this matter.

5(c). In case of death or long sickness of the confirmed member, the additional member will be appointed to replace the existing member. The speaker will decision will rule this issue.

6. Performance of any such member, minister or any portfolio holder will be the only yardstick of his efficiency to continue his office during the tenure of membership. This performance report will be prepared by one High Powered Statutory Autonomous Body (HPSAB). This constitutionally (statutory) autonomous body shall be similar to the Chief Election Commission of India, should submit the performance report to the Prime Minister or chief minister as the case may be for further necessary action. This report should be treated as an officially open report ie it should be briefed in a press conference. The decision will be constitutionally binding and effective and can not be challenged in the court of law. Only Parliament can do amendment or any other decision over that body.

7. Any government run either by a single party or any group of parties, which may be called coalition or alliance can not be allowed constitutionally to form government for the second term of office, unless the first term government’s progress is achieved practically up to the target as per the assurances given by the party members to the common people or citizens before election in the field of finance, agriculture, education, health, investment, creation of jobs, infrastructure, law and orders and Gross Domestic Product (GDP) of either state or nation, even if the same party or parties wins the election with majority number of seats.


To be continued
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