date: 18 mar 2009
comment:
compare the scene of corruption with pakistan. they went under mohammed but the hindus went under sonia khan.
how long will it be before we see administration corruption free in india?
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18 october 2008
de-criminalizing the polity
hon'ble chief justice,
over the years it would have been realized by the hon?le justices of the supreme court that the political parties, irrespective of their hue, have no desire whatsoever to amend the representation of people act to exclude criminals from the legislatures. not only have the political parties ignored the public clamor in this regard, they have gone on to increase the number of criminal elements to whom party tickets are given, ?innability?being the sole criterion for selection of candidates. there would not be too many democracies in the world where nearly twenty percent of parliamentarians in the central parliament and much higher percentages in the state assemblies happen to be legislators with criminal backgrounds. should one follow the graph of the rise of legislators with criminal backgrounds in the national and state legislative assemblies, it is only a matter of time before such elements go on to attain a figure of 40 or even 50 percent in the legislatures. at that stage, india, which has already become one of the most corrupt societies in the world, would truly have gone under, with no scope for remedial action, short of revolution to overthrow the constitution. the higher judiciary that would have allowed the country to come to such a dreadful pass would have to share the blame.
that the danger is now life-threatening for the constitution and civilized functioning is no longer in doubt. what remains in doubt is the role of the judiciary. the public is already at its wits end in finding a way out of the dangerous drift. will the judiciary at the highest level remain silent spectators and watch the body blow being delivered to good order and civilized existence, nay, to democracy itself.
that the danger is now life-threatening for the constitution and civilized functioning is no longer in doubt. what remains in doubt is the role of the judiciary. the public is already at its wits end in finding a way out of the dangerous drift. will the judiciary at the highest level remain silent spectators and watch the body blow being delivered to good order and civilized existence, nay, to democracy itself.
there are many pils before the courts on the subject of criminalization of politics. we, the concerned citizens of india, now appeal to your lordships to suo motu take cognisance of our pleas so that the situation does not totally get out of hand. we do not have a system of referendums under our constitution, but hypothetically were a referendum to be held on this issue, there is little doubt that well over 90 percent of the people would pray for deliverance from this scourge. we, hereby, request your lordships to set up a constitution bench to suo motu take up this question for consideration and deliver a clear verdict in the form of a directive to the election commission to disallow criminals against whom charges have been filed under the most grave sections of the i p c from filing their nominations for elections after january 1, 2009 or a cut-off date to be decided by the supreme court. at the very least, criminals already serving sentences in jail for heinous crimes should definitely be debarred from standing for elections.
it hardly needs reiteration that criminals becoming law givers is ipso facto a violation of the freedom of ?rdinary?citizens that is guaranteed under the constitution, besides being a negation of the principle of natural justice. the word "ordinary" has deliberately been put in parenthesis to indicate that there is a whole category of the citizenry that now rules the roost, subverts justice, and can be categorized as ?xtraordinary? a category which is apparently outside the remit of indian laws.
yours sincerely
vinod saighal
convenor mrgg (movement for restoration of good government).
hon?le mr. justice k.g. balakrishnan
chief justice; supreme court,
tilak marg, new delhi ?110001.
tilak marg, new delhi ?110001.
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