SC against educational criterion for candidates

Concerned by Haryana government’s move to fix educational qualification and other criteria for those contesting panchayat polls, Supreme Court on Monday said the stipulations would debar half of India’s population. 

A bench of Justices J Chelameswar and A M Sapre said that there was “serious doubt” about such qualifications while noting that the Constitution does not put any such bar on candidates even though Attorney General Mukul Rohatgi contended that it was a “progressive step” which the Parliament should also follow at some point.

Acting on a PIL last week, the court stayed the operation of the Haryana Panchayati Raj (Amendment) Act, 2015, prompting the state to rush to the apex court saying the order has put electoral process in the state to a standstill. 

The new law stipulated that general candidates contesting Panchayat polls should have passed tenth class, while women and dalit candidates should have cleared VIII and V respectively. 

Appearing for Haryana government, Rohatgi said, “What is wrong with prescribing minimum educational criteria? This is a progressive step. The parliament should also take a lead from this. Such a law has come after 65 years of independence.”

Rohatgi cited difficulties with panchayat officials putting their thumb impressions on various documents.  He contended right to contest election was not a Constitutional right but a statutory right which could be taken away by a due process of law. 

The bench, however, asked, “Do you realise what percentage of our population is illiterate? Will the condition of literacy not violate Article 14 (right to equality) by making it a pre-requisite for candidates to contest polls? Virtually 50 per cent of population will be disqualified straightaway.”