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This is an archive article published on July 3, 2011
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Opinion Barring criminals from elections

It is a statutory right and hence its exercise can be qualified by relevant conditions.

Soli J. Sorabjee

July 3, 2011 01:03 AM IST First published on: Jul 3, 2011 at 01:03 AM IST

Barring criminals from elections

It is heartening that measures are on the anvil to prevent criminals from contesting and getting elected to State legislatures and Parliament. According to our Supreme Court,contesting elections is not a fundamental right nor a common law right. It is a statutory right and hence its exercise can be qualified by relevant conditions. One of these can surely be that if a charge has been framed against a person by a court of law after hearing parties in respect of a serious offence,namely one which prescribes punishment of imprisonment for five years or more,such a person should be ineligible to contest elections. It is not mere registration of an FIR or filing of a chargesheet by the prosecution agency,but a charge framed by a court after application of mind that disqualifies the person from standing for elections. This disqualifying condition does not prevent a person from exercising his fundamental right of trade and business or any other guaranteed fundamental rights. At present,only a conviction renders a person ineligible. Regrettably,a criminal trial takes years before it is concluded and in the meantime generally the person is at large on bail and merrily contests elections and also gets elected. This measure will go a long way in preventing or at least minimising criminalisation of politics,improving the quality of governance and restoring faith of the people in the functioning of parliamentary democracy. The bottom line is that we do not want law breakers to become law makers for us,our children and grandchildren.

Courageous freedom fighter

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Aung San Suu Kyi,the Burmese democracy leader,is one of the most courageous and admirable persons of our generation. The repressive military regime in Myanmar had for years incarcerated her and held her under house arrest. However,the brave lady’s devotion to the cause of freedom for her country and its people did not falter. In the recent BBC Reith Lecture she said,“In or out of jail,my mind was always free”.

Taking cue from Max Weber,she identified three qualities for politicians who dare to tread the path of dissent: Passionate dedication to the cause; a sense of responsibility and a sense of proportion. In the course of her talk she said that “a basic human right which I value high is freedom from fear…In our quest for freedom,we learn to be free. We have to act out our freedom,our belief in freedom…We exercise our freedom of choice by choosing to do what we consider to be right even if that choice leads to curtailment of other freedoms because we believe that freedom engenders more freedom.” The Burmese freedom fighter said India could do more for freedom and democracy in Burma undeterred by considerations of trade and commerce. Wise words. Will our leaders and policy makers heed them? I doubt. Nehru,Thou should’st have been living at this hour.

Disturbing disclosures about Taliban

Veteran Pakistani journalist Saleem Shahzad was mysteriously found dead last month. His body was found in a canal in North West Pakistan showing signs of torture. His book,Inside Al-Qaeda and the Taliban: Beyond Bin Laden and 9/11,discloses details of al-Qaeda penetration into the Pakistan army. This has ominous significance in view of Pakistan’s official statement in the wake of the recent attack on the Mehran naval station which acknowledges that people within their ranks were found to have links with the extremists. Nuclear menace in our neighbourhood is terrifying. There are no full proof safeguards that can guarantee that no part of Pakistan’s nuclear arsenal will fall into the hands of the Taliban and other jihadis who will deem it their divine duty to use the nukes against India and other so-called enemies of Islam in which US and Israel would top the list. Ways and means must be urgently devised to cope with this menace regardless of dialectical arguments about national sovereignty and international law. What is of essence is the survival of humanity.