Declaration of Prime Minister Candidate: Is It Violation Of Constitutional Provision?
By Shashikant Kumar
17 September, 2013
Countercurrents.org
On 13 th September 2013, evening the Mr. Rajnath Singh, declared before media the Prime Minister candidate of BJP after party's parliamentary board meeting.
“ The Bharatiya Janata Party (BJP) on Friday announced Gujarat Chief Minister Narendra Modi as its prime ministerial candidate for the 2014 general elections. The announcement came after a meeting of the party's parliamentary board here this evening, which unanimously decided to project Modi as the prime ministerial candidate. “We have projected Narendra Modi as our PM candidate,” BJP President Rajnath Singh told media here after the parliamentary board meeting .”
It's explained as trend set since 2009 by the BJP to declare its PM candidate the current announcement is made. But the question rises in mind about the constitutional validity of such announcement in current electoral system and parliamentary democracy. Following are some of them;
(a) Whether a political party are not violating the rights of the Member of Parliament who as per the constitutional provision chooses their leader. The Prime Minister heads the council of the minister.
(b) India's parliamentary democracy does not allow the Prime Minister to be directly elected by the people. Whether political parties are allowed by election commission of India or within their rights to declare candidate?
(c) Whether declaration of Prime Minister Candidate by a political party violates the provisions of Representation of People's Act 1950? The post of Prime Minister does not represent people than by declaring the candidate the concern political party has violated the rights of the citizens to elect member of parliament and thereby allowing them to participate in election of Prime Minister.
(d) Whether declaration of PM candidate also violates the internal democratic setup within the party (vide its declared constitution), by not granting fair chance to be elected as Prime Minister candidate? Question does not arise since political parties are not authorized to declare candidate for prime minister. The candidate can represent a political party, for due election scheduled as Member of Parliament or Member of Legislative Assembly.
(e) What would be than role of citizens of India, how during elections the votes would be accounted for the declared candidates? The current declaration of Prime Ministerial candidates can be honored by whom, the political party, the current parliament or election commission? Can there be provision for the direct election of Prime Minister?
(f) Whether pre-emption of the election process by a party allows than to be unaccountable for the purpose of election? Who bears the cost of the expenditure before the announcement of election dates? The concern parties if this amounts to a political rally are accountable to election commission (concerning with constitutional post).
I would request the members of the group/ or concern citizens to think upon the effects on the democratic system. How the parties justified in declaring their PM candidate in advance? If election commission is responsible for the conducting the fair election, intervene and instruct parties to restrain in formal declaration of candidates.
The political parties who violates the representation of people Act should be addressed by taking suitable action of the above mentioned violation.
Shashikant Kumar, Professor, BCHS, APIED, V.V.Nagar (Anand)
Director, Green Eminent, Vadodara, Consultant (Planning and Geoinformatics)
My Blog: www.greeneminent.blogspot.com
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