Educational qualification in election: Need of time

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Election is considered backbone of democracy, as this is the real power which is in the hand of common people. So called representatives of the people after being elected they do not remain the same. Once candidate is elected it is the political party agenda that decide their role in the democracy. Which portfolio they will carry is all upon the winning party. Eligibility to any particular portfolio in the democracy was not fixed by the framer of the constitution keeping in the mind that a person even from the lower class of society may hold higher portfolio. But the misfortune of the country is that the real intention of the constitution framer is behind the wall and even an illiterate candidate may hold the portfolio of education minister and may frame the education policy for the higher degree for which he has zero knowledge. Framer of the constitution did not fixed minimum educational qualification for being elected in Lok sabha or Rajya sabha with the thought that after the independence the country is not in position to fix such conditions, but they never had an idea that this may have side effect later stage of democracy. In fact M2 (muscle power and money power) is considered the prime requirement for election. Even after passing so many years minimum education for those who are going to decide the fate (policy) of the country has not been fixed, though the minimum qualification for the lower level post in department has been fixed.

 

What is the irony… there is arrangement for the representation of graduates and teachers in the upper house of the state legislature but no specific educational qualification has been prescribed candidates of this election. It is also to be pointed out that very high qualification is required for the appointment of High court and Supreme Court judges, who are the last interpreter of the laws passed by parliament or state legislature, not only this those who assist judges they also possess very high qualification but those who are involved in law making process (MP & MLA) they don’t need any educational qualification. In extreme cases where legislature is consisting of members with no educational qualification, law passed by them may have not upto constitutional requirements and whole legal fraternity will be involved in interpretation of such laws. In view of Dr. Rajendra Prasad it is anomaly but still he supported no educational qualification only taking into consideration then situation of illiteracy. Even Dr. Ambedkar was of this view that members of parliament and State Legislatures must have some higher qualification because they are not just voter and they are representative of the people. They are going to perform various legislative action for that certain educational qualification and experience is required. Time has come to fix minimum educational qualification for members of Lok Sabha and Rajya Sabha, if we have to compete with advancement of democracy. Few states have fixed minimum educational qualification for the election of Panchyats but interestingly no such qualification has been fixed for MP and MLA and states takes plea that it will be done by parliament state has no role in that. Time has come to fix minimum educational qualification if we have to compete with requirement of modern democracy.

 

By:

 Sudhir Kumar Dwivedi

Assistant Professor


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