Tuesday, July 22, 2008

Can someone explain it to me???

Tomorrow is the D-Day which will decide if Dr. Manmohan Singh will join the elite list of – Charan Singh, V.P.Singh, Atal Vihari Bajpai or not. Tomorrow will be the battle of most abused word in our democracy – “vote” i.e. a vote of confidence being carried out by true representatives of Indian public. Tomorrow will be the battle of parliamentary speeches, achievements singings, non-achievements bashings, a nail-biting finish and could well be a bloodbath. Amidst all this, with my very little knowledge of Indian constitution, I have a few innocent doubts

· In February 2008, a special CBI court convicted Pappu Yadav in the Ajit Sarkar murder case to life imprisonment which he is currently serving. Obviously, Indian judiciary system doesn’t think him fit enough to be roaming around in the free society where we live. But Delhi high court has allowed him to take part him trust vote in Parliament tomorrow. Which means that the judiciary system of the same country thinks him to be fit enough to cast a vote deciding the government to be ruling the same free society which he is not fit enough to be a part of?

o Court ruling came in 2008, years after he earned the right to cast the deciding vote. May be we believe in not denying anyone his/her voting rights - be it a proven-by-court criminal.

· Even before the first doubt, why should the candidature of an MP not be cancelled/ suspended as soon as he is convicted by a court for a criminal offence as severe as murder?

o Democracy is run by majority in picture and not by logic. Majority in picture is the parliament which can bring constitutional amendments. With significant part of its members belonging to the strata in discussion, only either a retired politician would talk about such ethnic purification or you and I.

· I vote for a candidate X because he belongs to the party A which is the strongest bet against the party I really hate – party B. Party B wins and is required to prove its majority. X forms his own mini party just before the confidence/ no confidence vote and starts supporting Party B. Reason – economical sugar coated by political ethics. Is it not breach of trust of its voters? In our democratic system, you supposed to vote for parties not for a candidate. Later may well happen but it’s the parties which form a government. Such party switch defies the basic assumption of constitution.

o Voting for your candidate means putting all your trust in his abilities to function inside the parliament. Hence just shut up and let him work the way he wants. After all, its economics which keeps the world ticking.

· As per Article 105(2) of the Constitution, no MP shall be liable to any court proceedings in respect of "anything said or any vote given by him in Parliament." Which means I can take a bribe, cast my vote and go enjoy my Jacuzzi in my jail because one cannot sue me saying INR 50 crore were illegally transferred in my Bank of Balia account? Even if you sue me, I would happily say that I sold my vote for this amount and it’s not a criminal offence. Soon after that I will file a defamation suit against you and earn some more money. Yeah in case I do not cast my vote, it becomes an offence.

o No one is above the law. Just those who make the law are above it. Anyhow, this law makes them answerable to something at least – for casting their vote.

· As per this link, you can contest an election from a jail and become member of Parliament/ Assemblies but cannot cast your own vote. I could never ever understand the logic.

o Every criminal has some leadership qualities because he leads others into a new domain of life – from his group members to the victims to the court to the media to the.... We welcome leaders. A criminal cannot be trusted for making right choices as he himself makes wrong choice of indulging into a crime. We surely cannot trust him to choose the government.

There are a few more I can think of. There would be many more I cannot think of. Anyhow, lets pray for the safety of those inside the building which has will be sold tonight numerous times as it is printed on green papers.


Spiff said...


are you even aware of the concept of "Torts". Laws are like this. sometimes its not commonsense. And thats why there are lawyers...

Its allright for you to keep parading ur ignorance of issues..the only sad part is when i see you wasting so much time and effort to prove your limited perspective on things.

Vibhash Prakash Awasthi said...

@spiff...i always appreciate your criticism as it always add some value...

Spiff said...

Good - In further criticism, you can put in a comment or two saying what the law says and what the common common sensical counterargument will be. If u put in a better cartoon pic as well...i mean rahul gan dhi cartoon doesnt makes much sense here

Vibhash Prakash Awasthi said...

just u an i interact here....lets get back to gtalk as tht is faster n easier mode

Spiff said...


Sachin Gulhane said...

Keep all you queris regarding laws aside... lets thnk of somethng where u can contribute .. How come votes of 54 MPS became void.. was this system problem or MP are not well aware of how to use .. or its nt user friendly system.... This becomes imp spl after we have electronic voting sometime back.. Does it mean that ourcountrymen are more wise that their representative.. and if this is true how that MP called as representative of whole of intlgnt people ?