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Resource centre on India's rural distress
 
 

A Judgement on Democracy That is Frightening in Its Implicatons -Indira Jaising

-TheWire.in

The judgment of the Supreme Court in the Raj Bala case deals a near fatal blow to the health of the Indian democracy. In essence, the court has held that those who have no formal education, those who have no “functioning toilet” and those who are in rural indebtedness cannot contest an election for the position of sarpanch.

The judgment effectively disenfranchises – and it recognises this – 68% of Scheduled Caste women, 41% of Scheduled Caste men and over 50% of all women in Haryana from contesting a panchayat election. Several other BJP-ruled states including Rajasthan have similar restrictions.

On the one hand, the court has recognised that the right to vote and the right to contest an election are integrally linked and the one flows from the other, and yet it has held that the right to vote in an election is based on adult universal franchise but the right to contest an election is not a universal right. But what is the universal right given to every citizen to vote without the concomitant right to contest an election and the right to choose a candidate of one’s choice? While one can disqualify a person from contesting if he or she has a criminal record, can the fact that you don’t have an education or a “functioning” toilet be equaled with having a criminal record? Apparently it can, as per the opinion of the Supreme Court of India.

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