Law of democracy of India

The decision of how to implement the micro-democratic ideals is not an easy one. Some broad decisions are institutional, such as whether a country should adopt the system of parliament. And some decisions are very subtle- like on what basis the electoral districts should be constituted. How the election speeches should be regulated, etc…etc. Law of democracy of India

 

 

Law in India

Providing a specific institutional form to the democratic ideal can fundamentally affect its functioning and can also challenge that ideal in itself. Although India’s electoral administration system operates fairly, the other aspects of the system are neither properly regulated nor well understood. Two recent judicial decisions have exposed the principles governing Indian democracy.

 

 

 

Law in India

The first decision has been given by the Central Information Commission (CIC). According to this decision, political parties are public authorities under the Right to Information Act, 2005. According to section 2(h)(d)(ii) of the Act, a public authority is “an NGO whose funds are substantially financed, directly or indirectly, under a proper governmental arrangement.” Much depends on what you mean by funding of funds to a large extent. The Commission, based on the previous precedent, has held that the financing of funds to a large extent does not necessarily mean financing of the majority of funds.

 

 

 

Law in India

But it does not mean that all matters relating to the financing of Government funds, however partial, are To a large extent, funds come under financing only. In the case of political parties, funding from government funds also include allotment of large tracts of land in central Delhi, allotment of houses on rent at concessional rates, complete exemption from income tax, free publicity on government radio and television, etc. Full exemption from income tax alone means that a 30 percent exemption has been given on the income of political parties. Unlike charitable organizations, there are no conditions for carrying out their activities on this exemption. This discount is applicable without any conditions. The Commission has considered all these aspects to find out whether the funding of political parties should be considered as funding of funds to a large extent.

 

 

 

Law in India

The other side of the decision is his discussion related to political parties. In a modern democracy, voters enter politics through political parties. Therefore, political parties should be considered the vehicle of such coordination. Political parties are even more important in India. After the anti-defection amendment was passed, this constitution has made its place among the few constitutions which clearly outline political parties. Political parties bind legislators and can also be disqualified under Schedule 10 of the Act. Due to this unique power, it is difficult to argue that political parties in India can only be completely private, subject to their own internal code of conduct. Union is.

 

 

 

Law in India

Does this order limit the behavior of political parties? Political parties are regulated by the country in many ways and this regulation is also done by limiting expenses and contributions. This order of the commission does not make any kind of demarcation. It only asks to disclose the sources of revenue and their use. There is no doubt that bringing political parties under the purview of the Right to Information Act can bring some degree of scrutiny to their internal deliberations. In order to bring about drastic reforms in electoral law. Measures should be discussed to ensure that the sources of funds of political parties can be disclose. While respecting the confidentiality of their private affiliates.

 

 

 

Law in India

But the Commission did not need to heed this concern; It has only ruled that political parties are public authorities. It implies the same thing which is enshrine in the law. Electoral regulation is need because in some situations. The principles of fair elections will start violating only because of the expenditure of the election campaign. The formation of political parties. The Right to Information Act may not be the best solution to all these problems and perhaps the same applies to judicial control. But it is really difficult to find fault with this order of the Commission in its internal form. It has nothing to do with the deregulate world of political parties. Is at stake, he is expose in this order.

 

 

 

Law in India

A month later, on 10 July, the Supreme Court asked a completely different question: is it constitutional for a sitting legislator to appeal against his offense after being disqualified on the basis of a proven criminal case? Clause of section 8(4) of the Representation of the People Act, 1951 states that “disqualification under any sub-section in the case of a person. Who is a member of Parliament or a member of the Legislative Assembly of a State on the date of conviction shall be shall not apply until? The lapse of three months from the date on which he has made an appeal or application for revision of conviction or sentence during that period. Or until such appeal or application is dispose of by the Court.

 

 

 

Law in India

At the bottom of the matter lies the question of whether the qualification of a person to be electe as an MLA can be different from that of the sitting MLA. There are some textual errors in this question. Articles 102 and 191 of the Constitution explicitly prohibit this differential treatment. As the court has said, “If a person is not select as a member of Parliament or Legislative Assembly by reason of disqualification. Then by reason of the same disqualification he cannot continue to be a member of Parliament or Legislative Assembly either.” The fragmented provision is beyond the legislative competence of Parliament. In line with the express expectation of Parliament that there should be a single law for a sitting member and a person aspiring to become a member.

 

 

 

Law in India

The Government side has eloquently argued that they do not intend to set two separate standards for disqualification; The purpose of this provision is only to ensure that the disqualification shall not apply to the aspirant. But this indirect route leads to the same destination and more importantly. It is also explicitly under Articles 101 and 190 of the Constitution. Under which the seat becomes vacant the moment a member is subject to any kind of disqualification. It may be unconstitutional to prevent the seat from becoming vacant. Law of democracy of India

 

 

 

Law in India

Is there no other remedy for the guilty member? That’s hardly the case? According to the Criminal Penal Code, if a member gets an order of stay, then disqualification does not apply to him. In such a case, that person can continue to be a member. But there is no appeal in this remedy on the merits of the case. The only exemption from such a comprehensive provision is that a person can appeal only against the decision made against him without any effect on the merits of the offense. This exemption given by the court can neither be create as an arbitrary order nor can it be treat as an order of stay of sentence. Rather, it is a formal matter and adjournment of the decision in itself. Law of democracy of India

 

 

 

Law in India

The intent of Articles 102 and 191 is to determine the baseline criteria required for a suitable representative. The nature and responsibility of this consideration are relate to the legislative process. This applies regardless of whether the person aspirant is to be electe to the legislature or is a sitting member. Existing members cannot be consider special beings, whose job is only to make laws that are beneficial to them. In moments of despair, the official side argued that this provision was necessary because the conviction of a sitting member would reduce his legislative capacity due to the era of a very small majority and affect the working of the government. Law of democracy of India

 

 

Law in India

Besides, the process of bye-election will start and if the verdict regarding conviction is revers then the whole process will be in vain. All these policy arguments have no bearing on the fundamental legal question of legislative competence. But there is no doubt that there may be some inconvenience if the offense is prove and there is no stay order on its decision. The purpose of this law of democracy is not to facilitate matters, it is to ensure that a person’s subtle opinion finds expression in the form of a vote even in most specific circumstances. Law of democracy of India

Add a Comment

Your email address will not be published. Required fields are marked *