Press Releases Archive

SC verdict on negative vote option positive: Dr. JP

The Lok Satta today described the Supreme Court judgment providing for casting a negative vote in elections as a small but significant and positive step in improving politics.

In a media statement, Lok Satta Party national President Dr. Jayaprakash Narayan recalled that the Lok Satta movement had suggested the reform to the Election Commission of India 15 years ago. Since the Election Commission could not change the rules on its own, it referred the matter to the Government of India. The Government has not acted on the suggestion.

The Supreme Court has now asked the Election Commission to provide ‘None of the Above (NOTA)’ button on EVMs and option on ballot papers. The apex court said the right to vote and the right to say NOTA are both part of the basic right of voters.

Dr. JP recalled that the NOTA option will not be a game changer going by past experience. Hardy one or two percent of voters exercised such an option when Lok Satta campaigned hard to mobilize Negative vote. In Andhra Pradesh, fewer than 1% exercised negative vote option when the State Election Commission tried it in local elections in the past.

Yet, Dr. JP said, the reform will serve the purpose of pressurizing political parties to shun fielding undesirable and discredited candidates. It will also motivate a section of voters who do not go to the polling booth now on the pretext that all the candidates in the race are detestable. In such cases voters can be encouraged to exercise the option of recording their dissent by negative vote.

The NOTA reform will also come in handy when voters feel none of the political parties or candidates in the fray is mirroring their feelings in time of emotional polarization or surcharged atmosphere. The voters, especially in a local election, can express their wrath against all candidates if a long-pending problem is not addressed to their satisfaction. On occasion it could also be a weapon to mobilize sectarian vote based on caste or ethnicity in support of highly parochial demands.

There will be a real transformation in politics only when all political parties field candidates with credibility, integrity, competence and good track record, Dr. JP added. “Political crisis of the nation can only be resolved by political means and citizens’ participation, not by judiciary or Election Commission alone.”

Friday, September 27, 2013 - 15:31

Abort Ordinance to save convicted legislators, Dr.JP urges President Pranab

Lok Satta Party national President Dr. Jayaprakash Narayan today urged President Pranab Mukherjee to prevent promulgation of an Ordinance to exempt convicted legislators from disqualification until the appeal is disposed of.

In a letter to the President, Dr. JP said, “As the elder statesman of the country with unmatched experience and erudition, you are best qualified to protect our democratic institutions, dignity of Parliament and State Legislatures, and rule of law. As the President of the Republic, defender of the Constitution, and conscience keeper of the nation, you have the moral stature and Constitutional authority to intervene and prevent promulgation of the proposed Ordinance.”

The Ordinance is a blatantly unconstitutional, morally wrong and cynical move that will weaken our democracy, said Dr. JP.

The Ordinance seeks to overturn the Supreme Court judgment of July 10 holding Section 8 (4) of the Representation of the People Act us ultra vires.

Dr. JP said, “A careful reading of Articles 101(3)(a) and 190(3)(a) of the Constitution and the Supreme Court’s judgment makes it unambiguously clear that any disqualification that applies to a person for being elected applies equally to an incumbent legislator for continuing as a member.”

The proposed Ordinance also violates Article 14 of the Constitution which says that the State shall not deny to any person equality before the law.

Dr. JP told the President that the Union Cabinet has erred in recommending promulgation of the Ordinance exempting incumbent legislators convicted of a crime under Section 8 of the RP Act, 1951 from disqualification that would apply to any person contesting for elective office.

“This Ordinance is bound to be struck down by the Supreme Court. Apart from the unconstitutionality of the proposed Ordinance, it is morally reprehensible and democratically indefensible. It is absurd to claim that an incumbent legislator convicted of a serious a crime can continue to be a lawmaker. Such a brazen act of cynicism will further undermine people’s already eroding faith in Constitutionalism, rule of law and our democratic institutions. The nation looks up to you to come to the defense of Constitution in this difficult hour.”

Dr. JP urged the President to invoke his powers under Article 123, read with Articles 74 and 111, and return the Ordinance to the Council of Ministers for reconsideration considering that the Supreme Court had already held such a law unconstitutional, and subsequently rejected a review petition filed by the Government.

If the Council of Ministers resubmits the Ordinance for his assent, Dr. JP requested the President to refer it to the Supreme Court for its opinion under Article 143 of the Constitution. Under Article 143, “if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, he may refer the question to the Supreme Court.”

Thursday, September 26, 2013 - 17:14

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