Introduction
Politics plays a vital role in the smooth functioning of a nation. Since representatives chosen by public vote hold the greatest influence in democracies, there is a growing emphasis on their education since they stand in for significant portions of the population. On the other hand, widespread corruption and poor management have plagued the Indian political system. The question of whether individuals vying for various positions to serve the public should have a minimum educational requirement has generated a lot of discussion over the past decade.[1]
A foundation for holding free and fair elections is established by the fundamental laws. The goal of the election process is to ensure that the people elect the most competent representatives who can govern effectively. Selecting educated individuals is one approach towards this, as education not only increases an individual’s possibilities but also modifies their perspective and helps them remedy any erroneous actions they may have engaged in.[2]Some people argue that imposing minimum educational qualifications for election candidates could undermine democratic principles by creating barriers for many individuals who wish to run for office. This raises a question: if there are no educational requirements for those leading the country, why are there stringent educational standards for individuals seeking administrative positions, even when they may be more qualified than their superiors?
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Elections in India
The structure of political governance in India is shaped by constitutional legislation. The country has a dual system of government, with the federal government and several state governments. Voting rights are used by the citizens to select the government and representatives. Creating policies to address issues raised by the public is the responsibility of the elected administration. India adheres to the Universal Adult Franchise principle, allowing all mentally capable citizens over the age of 18 to cast ballots and guaranteeing an equal count of each vote.
Currently, in India, there is no condition about the requirement of a minimum level of educational qualification for the eligibility of a candidate standing for elections.
When Parliament set standards for MPs and MLAs in the early 1950s, it did not include any educational requirements. This choice was made to prevent alienating a significant percentage of the population, such as illiterates and rebels who had abandoned their studies to take part in the war for independence.[3]
Electoral Process in India
In India, the whole election process is supervised and controlled by the Election Commission, a federal agency created under provisions of the constitution. One of its main duties is overseeing and managing elections to make sure they are always carried out impartially and fairly. It is the Commission’s responsibility to make sure that people follow the law before, during, and after elections. The Election Commission of India is in charge of supervising and controlling the country’s elections for state legislatures, the president, and the vice president. The Indian Constitution confers this jurisdiction. Direct elections and proportional representation are the two main parts of the Indian electoral system. In Union Territories, members of the Lok Sabha, state legislatures, and local administrations are chosen through direct elections based on territorial seats. In India, this approach is used consistently. On the other side, the Legislative Council and Rajya Sabha are elected using the proportional representation system, which uses a single transferable vote.[4]
Qualifications required for contesting election in India
Our Constitution is completely silent on the minimum educational qualification for contesting elections. The Constitution of India only provide for the following qualifications to contest an election i.e-
He must be a resident of the country or a particular area/state from where he wants to contest the election
A specific age of majority
Not holding any office of profit
On December 20, 2014, the Rajasthan Panchayati Raj (Second Amendment) Ordinance 2014 was passed, establishing the educational requirements for candidates contesting in local body elections. Members of Panchayat Samitis and Zila Parishads are required, subject to Sections 19(r), 19(s), and 19(t), to have completed Class VIII or Class V, depending on where they are located. Due to insufficient educational standards, this ordinance disqualified several candidates, which prompted a Public Interest Litigation (PIL) and a challenge to the Supreme Court. Nonetheless, the Supreme Court ordered that the High Court handle these challenges. No interim directions were issued by the Rajasthan High Court in the matter of Dulari Devi & Ors v State of Rajasthan & Ors. Critics contended that credentials from official schooling were not as significant as real-world experience and local understanding and that Election participation by marginalised groups may be prohibited by ordinance. The government carried out the scheduled elections despite their reservations.
The Haryana Panchayati Raj Act, 1994 was modified by the state government in 2015 to set minimum educational requirements for candidates running in local elections. People having specific disqualifications are prohibited from running for office or holding office under Section 175 of the Act if they become disqualified after being elected. The prerequisites for candidates to run for office are outlined in clause (v), although women and members of Scheduled Castes are exempt and just need to complete middle school, whereas women in Scheduled Castes must complete Class V. This criterion is meant to make sure that elected officials can handle their positions well, considering the various duties that Panchayats have when it comes to carrying out government programs. The amendment, though, drew criticism for possibly compromising constitutional safeguards and democratic norms.[5]
Criminality in Indian Politics
The Election Commission of India and the Indian Parliament have long engaged in heated debates over the subject of candidates with criminal records running for office in India. The Supreme Court of India has also expressed serious concerns over the growing “criminalisation” of politics. In retaliation, the Court issued a historic decision requiring the criminal histories of the politicians to be made publicly available. In 2003, the Supreme Court mandated that candidates running for the Legislative Assembly or Parliament submit affidavits. Their assets and obligations (including those of their immediate family), professional and educational backgrounds, and any criminal accusations or convictions must all be fully disclosed in these statements. In particular, candidates must reveal any past convictions and ongoing legal proceedings related to crimes carrying a two-year or longer prison sentence, as long as the accusations are brought or accepted by the court before the six-month period that precedes an election.[6]
Conclusion
The introduction of educational requirements for candidates at the local level in Rajasthan and Haryana has brought attention to the necessity of having a public conversation about imposing comparable norms at other levels. According to one perspective, it’s time to set a minimal educational standard for individuals running for office in State and Parliamentary legislatures. It is essential to amend the constitutional requirements to incorporate minimum educational qualifications for candidates seeking to contest elections.Top of FormBottom of Form
Putting in place criteria like this would guarantee that candidates have the basic knowledge and comprehension required for efficient government. By establishing a bar that candidates must clear, this move may improve the calibre of leadership and maybe increase the effectiveness of the administration’s decision-making procedures.
It is imperative to raise India’s general literacy rates before enacting strict minimum education standards for political candidates. Such rules might impede societal advancement as the nation develops if literacy rates aren’t greater. To achieve effective administration, cabinet ministers should possess degrees pertinent to the responsibilities they have been assigned. Although having a degree is typically advantageous, it should only be applied to all political candidates after enough time has passed for advancements in education.
The criminal histories of a candidate should also be carefully examined before allowing them to run for office. Ensuring that candidates have unblemished criminal histories helps in dependable leadership and preserves the integrity of the democratic process. This action would support accountable and transparent governance.
Author(s) Name: Liza Mishra
References-
[1]Pranathi Karuturi, “EDUCATIONAL QUALIFICATIONS: A NEED FOR PEOPLE’S REPRESENTATIVES”[2020](22) SUPREMO AMECUS<https://supremoamicus.org/wp-content/uploads/2020/10/Pranathi-Karuturi-1.pdf>accessed 9 August 2024
[2] Chandan Kumar “Educational Qualifications for the Legislators: A Comparative Study ” [2023](11)IJRSET<https://doi.org/10.22214/ijraset.2023.56950>accessed 9 August 2024
[3] V.S. Rama Devi and S.K. Mendiratta, “How India Votes Election Laws, Practice and Procedure”[2008]2, Lexes Nexes 387
[4] Bhat, Rashid & Dar, Showkat & Shairgojri, Aadil Ahmed, “ELECTORAL SYSTEM OF INDIA: MAJOR ISSUES AND CHALLENGES” (2022)IRPITAGE 2. 133-140
[5] ibid
[6] Prakash, N., Rockmore, M., & Uppal, “Do criminally accused politicians affect economic outcomes? Evidence from India” (2019)141J.Dev.Econ.102370
