In this blogpost, Harsha Jeswani, Student, National Law Institute University, Bhopal writes about the Haryana Panchayati Raj (Amendment) Bill, 2015, its key features and why do we need such an amendment.

INTRODUCTION

Recently, the Haryana Government introduced a new law with respect to the Panchayat elections. The Government tabled the Haryana Panchayati Raj (Amendment) Bill, 2015 during the monsoon session of the Assembly which provides for minimum educational qualifications for contesting the Panchayat elections. The bill was accompanied by a huge uproar in the Assembly with the Congress government walking out of the Assembly.With this Haryana became the second state after Rajasthan to fix the educational qualifications for contesting the Panchayati Raj elections. After debating it for over an hour, amid a walkout by the Congress while main opposition INLD also raised concern on some points concerning the amendment.

With this Haryana became the second state after Rajasthan to fix the educational qualifications for contesting the Panchayati Raj elections. After debating it for over an hour, amid a walkout by the Congress while main opposition INLD also raised concern on some points concerning the amendment.

KEY FEATURES OF THE BILL

One of the salient features of the bill is the educational amendment brought about for holding Panchayati Raj elections. The bill provides that a general category candidate has to be at least Class X passed and a Scheduled Caste candidate has to be at least Class VIII passéd to contest panchayat elections in Haryana. However, in the case of a woman candidate belonging to SC category contesting election for the post of Panch, the minimum qualification shall be Vth pass. Further, the Bill makes it a mandatory requirement for all the candidates to have functional toilets at their residence which is an extension of the Swachh Bharat Abhiyan.

Before the introduction of the Bill, the persons who were convicted by courts were disqualified from contesting elections. However, there were cases when such persons went scot free due to improper investigation or absence of formalities such as the absence of sanction of prosecution or lack of sufficient evidence. The new bill, however, brings with it the provision of disqualifying the persons who have been convicted of criminal offenses punishable by not less than 10 years of imprisonment until they are acquitted by the court.

NEED FOR SUCH AMENDMENT

The Haryana Government explained that the need for introducing such amendment was to improve the quality of leadership. Fixing an educational qualification will enable the experienced people to contest elections which help in better decision making. The Haryana Chief Minister stated that the qualifications regarding education criteria were necessary because it is not possible for an illiterate Sarpanch to properly appropriate the budget amount worth lakhs of rupees.

The government had also defended itself by referring to the data of the election commission which provides that of the 6075 outgoing sarpanches in the state, 15.8 percent are illiterate, and 35 percent below matriculate. A total of 28.8 percent have completed matric; 10.9 percent have completed Class 12, and 7 percent are graduates. Only 1.9 percent are post graduate and above.[1] This law thus makes around 50 percent of the incumbent sarpanches and 70 percent of the panches ineligible to contest the elections again.

Despite such a historic attempt, the Bill became an object of political motives. The opposition contended that the bill seeks to promote the interests of BJP Government and hence must be withdrawn.  However, the Haryana Government refused to drop minimum educational qualification criteria for contesting panchayat elections in the state. The analysts and observers of the Panchayati Raj system filed PIL in Supreme Court challenging the constitutional validity of the bill on ground of being discriminatory and arbitrary. They contended that before such law is enacted, there is a need for other reforms.  The Government first needs to ensure something as important as education and sanitation before prescribing the educational requirements.

A bench comprising Justices J. Chelameswar and Abhay Manohar Sapre rejected the plea of the petitioners challenging the Haryana Panchayati Raj (Amendment) Act, 2015. They uphold the new law of Haryana mandating minimum educational qualification as a prerequisite for the candidates contesting panchayat elections.  Attorney General Mukul Rohatgi, who appeared for the Haryana government, submitted that after applying the amended provisions, 9.6 million people will be eligible to contest the elections to various panchayats in the state. The Supreme Court held the new law to be constitutionally valid stating that it is only education which enables an individual to distinguish between right and wrong, good and bad and, therefore, imposing specific educational qualification cannot be said to be arbitrary and discriminatory. The Apex Court observed the minimum qualification as a positive move in bringing political reforms.

CONCLUSION

I believe that this amendment will increase the accountability of elected representatives. Khattar as the bill aims to create a responsible government. Looking at the poor functioning of the gram panchayats, panchayat samitis and zila parishads owing to the illiterate representatives, there is a need for prescribing minimum educational qualification. This is a great decision taken by the Haryana government which will bring more experience to the ground level. In my opinion, this should be extended even to members of legislative assembly (MLAs) and members of Parliament (MPs). It is a good precedent and will improve the overall leadership in the country.

[1]http://timesofindia.indiatimes.com/india/Haryana-govt-refuses-to-drop-educational-qualification-criteria-in-panchayat-polls/articleshow/49055948.cms