Electioneering, Performance of Members and the Rule
Select committee of the Indian Elections confined that important Sections of rules applicable to all types of elections are highly essential and concluded Chapter IX, IPC which punishes six offences in relation to elections. 1.Bribery ; 2. Undue influence ; 3. Personation at elections ; 4. Making or publishing false statements ; 5. Illegal payments ; 6. Failure to keep election accounts [ Sections 171 B, C, D, G, H, I ].
Rights of candidate and an electoral right are defined but, the duties of those being Elected were not covered in this and is the main drawback to the ethics of Political Performance. The duties and rights are mandated in different parts of the Constitution i.e., Part IV , V , and VI .
The issue of Elections and its authority, powers are covered under Part XV and the Articles 324 to 329 do not prescribe the procedure, responsibilities and performance mandates and, is the basic drawback to the People Oriented Performance in the Political Democracy concluded .
The committee identified that “ Representation of the People Act, 1950 and 1951 those enacted separately, these general provisions of the Indian Penal Code are highly necessary in so far as they apply not only to elections to Parliament, or to the Legislatures of States, but to every other kind of election such as elections to the Municipalities, District Boards and other local authorities. It need not be stated that in a democratic State like India, where institutions based on free franchise are bound to grow, such sections of rules applicable to all types of elections are highly essential. “ and set Sections 171 A to I in Penal Code .
1.As doubted , even after 6 decades, there are no comprehensive and mandatory Regulations in the whole issue of Electioneering in India that carries the Guarantees contemplated in the preamble of our Constitution as well as those mandate the Politicians, Political Parties and, the Elected Members .
REFORMS ON ALL THESE ARE FAST REQUIRED and, it shall not alone be given to the responsibility, authority of EC . There is need of proposal by Indian Law Commission , approval of Executive and Judiciary in terms of the mandates of Rule and Procedures adopted in the Constitution thus to eliminate legal loop-holes and to be in adherence of the true Objectives of the Constitution.
There is need of specific Regulations stipulating that a ruling Party if was refused, rejected and ultimately defeated in the Elections by the public through One Man One Vote , shall not in any way share to Rule the Country or State even through any Coalition opted after Elections. [Dr. Ambedkar’s clarifications , arguments , and guarantee to the People for replacing the Rule of those Political Parties which do not carry and implement the Directive Principles of State Policy of Part IV and , other Provisions set in the Article of Part III SHALL BE THE MANDATE SINCE ACCEPTED AND ADOPTED BY THE CONSTITUENT ASSEMBLY IN 1949 ] in the policy of rule in the Constitution .
2. There have been no proper, prompt and strict actions and proceedings under the above Listed IPC Sections in all these above 6 decades of Rule though many times in all Elections in many Constituencies Cash was Seized , articles were Seized while on Elections those were purposed for unlawful practices cited in the SIX [6] IPC Sections quoted above.
These 6 Sections need to be Amended and punishments shall be increased to the tune of cheating the political democracy .
There is need of disallowing the particular member for contesting in Elections for a period of 11 years if found guilty.
3. Authority and Principles to Rule the Indian Union / State that was accepted, concluded and adopted by the Constituent Assembly in 1949 is authenticated by the clarifications of Dr. Ambedkar to the Assembly and shall be the Doctrine of Political Democratic Rule under the Constitution.
Speech of Dr. Ambedkar in the Constituent Assembly declare and specify “ ... Our Constitution lays down what is called Parliamentary democracy. By Parliamentary democracy we mean ; one man, one vote ; . We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the government. The reason why we have established in the Constitution a political democracy is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people.
We do not want merely to lay down a mechanism to enable people to come and capture power.
The Constitution also wishes to lay down an ideal before those who would be forming Government. That ideal is economic democracy. ..... We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act ......
.....our object in framing the Constitution is really two-fold [1] to lay down the form of political democracy and [2] to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy “
Thus, it is clear that the main object in enacting the directive principles appear to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their SUCCESS OR FAILURE can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the Polls.
4. This why, the Preamble of our Constitution guaranteed placing the issue of : JUSTICE, social, economic and political : atop of the 4 [four] mandates. Therefore, Allowing a refused, rejected and defeated Party to share the Rule in the Country in any form conceding to Coalition with other opposition Party, IS ABSOLUTELY AGAINST THE CONSTITUTIONAL GUARANTEES TO ITS PEOPLE . There shall either be the Re Elections or, President’s Rule if no Member of the House of any party do not extend support the Single Elected / Coalition Party. The issue of President’s Rule under this incident is absolutely the Peoples option for Rule directly by the President carrying the Provisions of the Constitutionally guaranteed ruling Policies contemplated in Part IV . more
Rights of candidate and an electoral right are defined but, the duties of those being Elected were not covered in this and is the main drawback to the ethics of Political Performance. The duties and rights are mandated in different parts of the Constitution i.e., Part IV , V , and VI .
The issue of Elections and its authority, powers are covered under Part XV and the Articles 324 to 329 do not prescribe the procedure, responsibilities and performance mandates and, is the basic drawback to the People Oriented Performance in the Political Democracy concluded .
The committee identified that “ Representation of the People Act, 1950 and 1951 those enacted separately, these general provisions of the Indian Penal Code are highly necessary in so far as they apply not only to elections to Parliament, or to the Legislatures of States, but to every other kind of election such as elections to the Municipalities, District Boards and other local authorities. It need not be stated that in a democratic State like India, where institutions based on free franchise are bound to grow, such sections of rules applicable to all types of elections are highly essential. “ and set Sections 171 A to I in Penal Code .
1.As doubted , even after 6 decades, there are no comprehensive and mandatory Regulations in the whole issue of Electioneering in India that carries the Guarantees contemplated in the preamble of our Constitution as well as those mandate the Politicians, Political Parties and, the Elected Members .
REFORMS ON ALL THESE ARE FAST REQUIRED and, it shall not alone be given to the responsibility, authority of EC . There is need of proposal by Indian Law Commission , approval of Executive and Judiciary in terms of the mandates of Rule and Procedures adopted in the Constitution thus to eliminate legal loop-holes and to be in adherence of the true Objectives of the Constitution.
There is need of specific Regulations stipulating that a ruling Party if was refused, rejected and ultimately defeated in the Elections by the public through One Man One Vote , shall not in any way share to Rule the Country or State even through any Coalition opted after Elections. [Dr. Ambedkar’s clarifications , arguments , and guarantee to the People for replacing the Rule of those Political Parties which do not carry and implement the Directive Principles of State Policy of Part IV and , other Provisions set in the Article of Part III SHALL BE THE MANDATE SINCE ACCEPTED AND ADOPTED BY THE CONSTITUENT ASSEMBLY IN 1949 ] in the policy of rule in the Constitution .
2. There have been no proper, prompt and strict actions and proceedings under the above Listed IPC Sections in all these above 6 decades of Rule though many times in all Elections in many Constituencies Cash was Seized , articles were Seized while on Elections those were purposed for unlawful practices cited in the SIX [6] IPC Sections quoted above.
These 6 Sections need to be Amended and punishments shall be increased to the tune of cheating the political democracy .
There is need of disallowing the particular member for contesting in Elections for a period of 11 years if found guilty.
3. Authority and Principles to Rule the Indian Union / State that was accepted, concluded and adopted by the Constituent Assembly in 1949 is authenticated by the clarifications of Dr. Ambedkar to the Assembly and shall be the Doctrine of Political Democratic Rule under the Constitution.
Speech of Dr. Ambedkar in the Constituent Assembly declare and specify “ ... Our Constitution lays down what is called Parliamentary democracy. By Parliamentary democracy we mean ; one man, one vote ; . We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the government. The reason why we have established in the Constitution a political democracy is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people.
We do not want merely to lay down a mechanism to enable people to come and capture power.
The Constitution also wishes to lay down an ideal before those who would be forming Government. That ideal is economic democracy. ..... We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act ......
.....our object in framing the Constitution is really two-fold [1] to lay down the form of political democracy and [2] to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy “
Thus, it is clear that the main object in enacting the directive principles appear to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their SUCCESS OR FAILURE can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the Polls.
4. This why, the Preamble of our Constitution guaranteed placing the issue of : JUSTICE, social, economic and political : atop of the 4 [four] mandates. Therefore, Allowing a refused, rejected and defeated Party to share the Rule in the Country in any form conceding to Coalition with other opposition Party, IS ABSOLUTELY AGAINST THE CONSTITUTIONAL GUARANTEES TO ITS PEOPLE . There shall either be the Re Elections or, President’s Rule if no Member of the House of any party do not extend support the Single Elected / Coalition Party. The issue of President’s Rule under this incident is absolutely the Peoples option for Rule directly by the President carrying the Provisions of the Constitutionally guaranteed ruling Policies contemplated in Part IV . more
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In 1993, Sri T.N.Seshan, the then CEC had postponed certain bye-elections and biennial elections to the Rajya Sabha and the State Legislative Councils unless certain ‘unresolved’ disputes about the exclusive powers and privileges of the Commission to “direct “ the Government about the deployment of Central Police Forces at the time of an election. The Commission had claimed exclusive jurisdiction to make disciplinary action against the staff placed on poll duty. But, his contentions for promptness in Electioneering were challenged and Government enacted an ordinance inducting 2 Election Commissioners additionally in the Election Commission of India. The CEC had challenged the validity of the Ordinance and the Act on the ground that it was arbitrary, unconstitutional and void. He also alleged that because of his insistence on strict compliance with model code of conduct by all political Parties and strict actions, the ruling party at the Centre was unhappy with him therefore in order to curtail his powers the Act was enacted. If this fact is considered on the justified carry of Electioneering , Control of Elections and Punishments connected, it obviously discloses the Political interest behind the Governing Political Party . It is thus , then itself, set aside the democratic issue of Justified performance of Elections and whole process of Electioneering in the Country . Same such situation was experienced by the C.E.C. in 2013 also where the Ruling Party denied the 11 conditions of Elections proposed for reasonable performance of the whole issue of Electioneering in the Country. These both issues if thought in the fundamental background of Political Democracy and, the basic Responsibility/Duty of Election Commission of India, the independent Constitutional Body like Supreme Court , Executive etc., THERE IS ABSOLUTE NECESSITY TO EXPAND THE Election Commission to 4 plus 1 the CEC, or, 6 plus 1 CEC, there cannot a really purposeful Electioneering in the Country. This is also to be thought to energize the Election Commission leading the issue of Electioneering, Political Participation and its Regulations to the really Objectives, Concepts and Justified performance in the Nation to the People and the Voters representing. S.C. also confined in a Judgment that “ It is the prerogative of the Government to choose the timing of the general elections. The Election Commission’s role is to take over the actual conduct and supervision of the elections.... . “ The most important issues here , [1] The President under whose name and authority the Rule is carried by Executive , [2] The Elections , Political Candidates and Political Party System , { actual conduct and supervision of Elections} that confirms Members to Rule, i.e., the Election Commission also is set to be at the authority of the Executive/Legislature for the very policy of Political Parties, Candidature of Contestants, Performance of Members of various Constituencies who becomes authoritative to Rule if Elected . HENCE ONLY REFORMS ARE FAST NEEDED FOR A JUSTIFIED RULE IN THE COUNTRY TO BE CONSTITUTIONALLY ADHERED TO. more
Jul 02
Laws of Electioneering ; Principles of Rule ; Mandate of Punishments ; Govt's direct Vigilance on Ceilings, Subsidies, Grants including those on PDS WERE POLITICALLY SET AND CARRIED . There must be an absolute authority either with the President of the Nation or with the Constitutional Bench of Supreme Court with Suo-motu utilization every in every Quarter ON THE IMPLEMENTATION of Constitutional Mandates and , ENFORCEMENT OF various Laws of Criminal and Financial Offences . more
Jun 29
Elected Members and Political Rule: 1.The performance and role of Elected Members was diversified from the basic Norms since 1977 and largely after 85 and is evident from the record of apex.
2. Political intervention in Governance under the Constitution diluted the P.A. too since 60 while the issue of Fake and Counterfeit Currency originated at Coimbatore which had Political Participation was unearthed in this decade.
3. Corruption in PDS, Contracts of Projects, Misuse of Land Treasure like Mines and Forest Produces made permanent roots from 75.
4. The issue of Corruption in Government Bodies and Departments routed to authorities of Taxation , law and Order and, the Public Sector Institutions including Banks and NGO/ Trusts too and thus resulted in swallow of National Income and Wealth decades together.
4. The neglect of Corruption, Ignorance of Vigilance and Investigation even resulted in increased Financial Crimes , increase in Terrorism and even spoiled the Honest and Justified Sector of Law and Justice too in many Cases .
5. The volume of Concealed Wealth and Black Money thus earned cheating public and Nation increased in multiples of Thousands of Billions and became more than the Sum stored in Swiss etc., Banks abroad.
6. There are Thousands of Owners possessing Lands beyond the Ceiling Limits in all the States just because of the will and set neglect on needed checks WHILE THERE ARE CRORES OF PEOPLE STRIVING FOR LAND FOR HOUSING , Agricultural Farms etc.,
7. Even after 6 and ½ decades there above 46% illiterate Citizen since Governments Grossly neglected in providing Schools since after 80s resulting to engagement of many youth in anti Social Associations , Teams and Groups while many Parents had to shelter the anti social elements like Maoists and Naxalites Decades together.
There are many youth engaged in Thefts, Stealing, and, other activities like loot of Forest produces like Sandalwood and Opium etc., in addition to Costly Metals, Granites and Minerals since Decades.
8. Caste based Reservations though mandated by S.C. in 1963 for 5 yearly review and deletion of those placed above Poverty Level to justify the carry to the most deserving poorest of the poor when neglected by Ruling Political Parties beyond one ½ decades, public unrest, protests in 1981, 85, 90 though agitating Citizen were GUN FIRED and shot dead , The Political Parties did not apply the Creamy Layer all over States and EVEN PRECIPITATED THE ISSUE OF antipathy, jealousy and rivalry between Castes and also Communities .
This has resulted in decline in Skills and Subject Knowledge as also identified by many Constitutional Authorities .
9. The Election Commission during all these decades did not imprison and fine those caught and captured Crores of Rupees Currency and Crores worth Goods. They did not Ban even once any party Constituent Member for contesting in 2 consecutive Elections .
This has caused in crease of fraudulent and Offensive natured individuals participating not only in the Elections but also Ruling the States and , the Union of India . The cases of Sri Laloo Prasad Yadav , Smt. Jayalalitha and now Smt Sasikala etc., etc., are the only 2 or 3 had to be notified through Honourable apex .
The duty of the Election Commission under the Constitution is to permit those who do not have any Case warranted by Competent Court , those who possess Social binding [ Knowledge of Society living in ] even mandate the Political Parties not to Propose and nominate such since the Nation possess lots of Others to share the committed rule in the Country .
The recent comment on honourable Ex-Chief Justice of India on Political Parties and Politicians BEING ALLOWED TO HOLD AND LEAD POLITICAL PARTIES is definitely an issue to be though at national interest memorizing the Quotations of Gandhi ji referred by the Ex. President, Sri Pranab Mukherjee in 2013 and, 2016-17. The Guarantee given by Dr. Ambedkar in Constituent Assembly in 1949 for his preference to One Man One Vote to replace the Ruling Party that do not cater the provisions enlisted in the Constitution AT LEAST TO BE HONOURED NOT ALLOWING THE REFUSED AND REJECTED PARTY TO SHARE IN RULE OF THE UNION/STATE even on coalition with an another Opposition Party. Political Democracy strictly to be Justified Regulating Promptly the Laws..
10. All through these over 6 decades, the Political Rulers could not stop/ arrest/ eradicate the above ill practices and all are only due to the absence of requisite Codes and Regulations stipulated on Electioneering , Elected Members, Political Parties. more
2. Political intervention in Governance under the Constitution diluted the P.A. too since 60 while the issue of Fake and Counterfeit Currency originated at Coimbatore which had Political Participation was unearthed in this decade.
3. Corruption in PDS, Contracts of Projects, Misuse of Land Treasure like Mines and Forest Produces made permanent roots from 75.
4. The issue of Corruption in Government Bodies and Departments routed to authorities of Taxation , law and Order and, the Public Sector Institutions including Banks and NGO/ Trusts too and thus resulted in swallow of National Income and Wealth decades together.
4. The neglect of Corruption, Ignorance of Vigilance and Investigation even resulted in increased Financial Crimes , increase in Terrorism and even spoiled the Honest and Justified Sector of Law and Justice too in many Cases .
5. The volume of Concealed Wealth and Black Money thus earned cheating public and Nation increased in multiples of Thousands of Billions and became more than the Sum stored in Swiss etc., Banks abroad.
6. There are Thousands of Owners possessing Lands beyond the Ceiling Limits in all the States just because of the will and set neglect on needed checks WHILE THERE ARE CRORES OF PEOPLE STRIVING FOR LAND FOR HOUSING , Agricultural Farms etc.,
7. Even after 6 and ½ decades there above 46% illiterate Citizen since Governments Grossly neglected in providing Schools since after 80s resulting to engagement of many youth in anti Social Associations , Teams and Groups while many Parents had to shelter the anti social elements like Maoists and Naxalites Decades together.
There are many youth engaged in Thefts, Stealing, and, other activities like loot of Forest produces like Sandalwood and Opium etc., in addition to Costly Metals, Granites and Minerals since Decades.
8. Caste based Reservations though mandated by S.C. in 1963 for 5 yearly review and deletion of those placed above Poverty Level to justify the carry to the most deserving poorest of the poor when neglected by Ruling Political Parties beyond one ½ decades, public unrest, protests in 1981, 85, 90 though agitating Citizen were GUN FIRED and shot dead , The Political Parties did not apply the Creamy Layer all over States and EVEN PRECIPITATED THE ISSUE OF antipathy, jealousy and rivalry between Castes and also Communities .
This has resulted in decline in Skills and Subject Knowledge as also identified by many Constitutional Authorities .
9. The Election Commission during all these decades did not imprison and fine those caught and captured Crores of Rupees Currency and Crores worth Goods. They did not Ban even once any party Constituent Member for contesting in 2 consecutive Elections .
This has caused in crease of fraudulent and Offensive natured individuals participating not only in the Elections but also Ruling the States and , the Union of India . The cases of Sri Laloo Prasad Yadav , Smt. Jayalalitha and now Smt Sasikala etc., etc., are the only 2 or 3 had to be notified through Honourable apex .
The duty of the Election Commission under the Constitution is to permit those who do not have any Case warranted by Competent Court , those who possess Social binding [ Knowledge of Society living in ] even mandate the Political Parties not to Propose and nominate such since the Nation possess lots of Others to share the committed rule in the Country .
The recent comment on honourable Ex-Chief Justice of India on Political Parties and Politicians BEING ALLOWED TO HOLD AND LEAD POLITICAL PARTIES is definitely an issue to be though at national interest memorizing the Quotations of Gandhi ji referred by the Ex. President, Sri Pranab Mukherjee in 2013 and, 2016-17. The Guarantee given by Dr. Ambedkar in Constituent Assembly in 1949 for his preference to One Man One Vote to replace the Ruling Party that do not cater the provisions enlisted in the Constitution AT LEAST TO BE HONOURED NOT ALLOWING THE REFUSED AND REJECTED PARTY TO SHARE IN RULE OF THE UNION/STATE even on coalition with an another Opposition Party. Political Democracy strictly to be Justified Regulating Promptly the Laws..
10. All through these over 6 decades, the Political Rulers could not stop/ arrest/ eradicate the above ill practices and all are only due to the absence of requisite Codes and Regulations stipulated on Electioneering , Elected Members, Political Parties. more
Jul 01
