Union Home Minister P. Chidambaram may have failed in his bid to avert a trial in a case challenging the validity of his election in 2009 from the Sivaganga parliamentary constituency. But does the Madras High Court's decision dismissing his plea to strike off the election petition filed by his opponent, the AIADMK's Raja Kannappan, signify anything more than a small embarrassment? While the allegations made by Mr. Kannappan are of a serious nature, the germane issue is whether this case against Mr. Chidambaram will be decided before he completes his five-year term as a Lok Sabha MP. The answer: probably not. The delay in disposing of election petitions, which are rarely settled before the term of the elected candidate runs out, is a major flaw of our electoral system. This is not the way things were supposed to be. Section 86 (6) of the Representation of the People Act, 1951 enjoins High Courts to hold trials “from day to day” until their conclusion. And subsection 86 (7) declares that “every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court on trial.” Unfortunately, the speed of the judicial system has failed to keep up with the demands of the law.
Faced with the phenomenon of election petitions becoming infructuous, as they remained pending after the term of the House expired, the 2nd Administrative Reforms Commission recommended the setting up of special tribunals to expedite their disposal. The enormous irony of delay was brought home in the case of Congress MLA P. Veldurai, whose election to Cheranmahadevi in 2006 was set aside by the Supreme Court at a time when he was busy campaigning to be elected to another Tamil Nadu constituency in 2011! That the court ordered to him to repay the salary he earned as a legislator was hardly recompense to his opponent, who was unjustly denied Assembly membership. The High Court's decision allowing the trial against Mr. Chidambaram to take place should not be interpreted — as some of his political opponents have chosen to — as evidence of his guilt. No conclusion should be drawn about the merits of the petition and the calls for his resignation over this are unreasonable. The Court's decision only means that the charges, with the exception of two that have been struck off, will now be examined in detail during the trial. However, in the interest of justice and in recognition of the centrality of elections to our constitutional framework, this should take place as expeditiously as possible.
And again Home Minister Chidambaram is in cloud, this time for alleged malpractices in his election to the Lok Sabha from the Sivagangai constituency. In the past few months he had been the cause for pandemonium in both the houses of Parliament, the opposition claiming his scalp for his / his son Karthi's alleged involvement in the 2 G scam. In the latest election dispute case, the learned judge has allowed trial against him which means that his election as an MP is questionable and needs to be probed further. This is definitely a serious setback to Chidambaram who holds Home, the most sensitive ministerial portfolio and any one with justice in heart would have got stung by the verdict and would have resigned immediately as a minister to pave the way for an unquestionably impartial enquiry and wait for the final judgment. But we cannot expect this from a defiant Chidambaram who wants to hold on to his ministry at any cost. Already Chidambaram has enjoyed the pleasures in his seat for three long years, not only as an MP but also as a Minister right from day one and God alone knows when the final verdict in his election case is going to come. A verdict against him might get pronounced even after he completes his full five jolly good years in office. In case the verdict goes against him, what recompense Kannappan, his opponent and real winner would get?
If election disputes are not settled before the completion of the tenure of the candidate,the very purpose of the legal provision is defeated.According to one estimation,there are about 100 petitions relating to elections are pending before courts.Appointing speed track courts to settle disputes within the stipulated period of time is one solution to this persisting problem.A method of conducting elections with little scope for rigging and other kinds of mean ways of election manipulating is imperative to our system.Selection of candidates with good track record will also help to eliminate electoral malpractices and minimize litigation.And a threat of legal action against false petitioners will also act as an effective deterrent.
No civil society ever existed without being governed by a set of laws right from MANU's days encompassing all aspects of human life.The laws should be such as being possible of enforcement in all situations.It should serve society in letter and spirit and the absence of any one will render the law not useful or rather useless. The law enables an aggrieved person to seek its intervention for redressal of his grievance.Grievance will get satisfactorily redressed if only there is dispensation of justice in time.Justice not so rendered will make the very existence of law a question mark.Democracy subsists only on rule of law and both are the two sides of the coin.For democracy to survive and flourish the law needs to discharge its functions in letter & spirit.If letter is body the spirit soul.Absence of any one is non existence. Kannappan's EP is a fit case for test on the above parameters.
Mindless editorial showing its support to Chidambaram. He is no ordinary citizen but a cabinet Minister whose decision impact the future of the country. For argument sake, if the courts sets aside his election after 3-4 years, it will ask him to repay the compensation received. But what about the decisions/laws for which he was privy to during that period. Does those laws/decisions become obsolete? The time the courts have decided that there is merit in the case to be tried, he should step down from the ministry. Mind you nobody is asking him to quit his MP post.
We are in Kali Yuga. Hardly 5113 yrs old only. Not in Treta Yugam when Sri Rama abandanoned his kingdom on step mothers bidding as we know well. Nor present politicians like Lal Bahadur Shastri to resign on a mere rly accident or kakkan from TN who rode a bicycle after being a minister. This is Kali Yuga dharmam.
If the present anomalous position of admissibility of the Courts consuming almost the entire duration of an MLA/MP's term for examining the Election Petition then it is tantamount to blocking the very avenue for challenging the election. In other words that would by giving a finality to election result once officially declared whatever fraudulent ways practised by the election contestant. If judiciary itself is not touched to the quick in this vital ingredient of democracy then there is no saviour for the hapless litigants.We can only keep waxing eloquent on democracy from roof tops!
Can someone throw light into the following issues?? 1. If at some stage, the election of Mr Chidambaram is annulled because of whatever reasons, will the orders/decisions/directions passed by him in the capacity of HM be valid??? 2. If NO, how will those orders/decisions/directions be addressed to thereafter, i mean someone can go to court for that.. 3. If no, what are the technical/legal/constitutional grounds for holding it correct?
Democracy has its own inherent weaknesses, and such incidents ought to invoke discussions on democracy itself. It is a pity that we still hold on to the ideals promised by a representative system. This is because we are living at a time when we can think and devise mechanisms that completely does away with such representative-system of democracy and facilitate the emergence of a direct-democracy. Direct democracy is a situation where voices of ordinary citizens need not be surrendered to the representative or to any bureaucracy. When a majority of such a direct democracy happen to be the poor people in India - over 50% being women, one can easily imagine how this nation will then reorient its problems and priorities. Judges in Supreme/High Courts should use their imagination in such instances and pave the way for a new system - which has the power to promise less violence and corruption.
The editorial correctly reflects the position regarding the election disputes which takes an endlessly long period of time, thus defeating the very purpose for which the laws are enacted. At this rate, Mr Chidambaram can with ease continue to hold office for the full term and any adverse judgment delivered thereafter will not affect him in the least, while the aggrieved party,though the dispute is decided is in his favour, would be the loser in practical terms. . It is high time that election disputes are tried on a day-to-day basis by fast-track courts and pleas for adjournment on flimsy grounds with a view deliberately to delay the trial of the dispute rejected summarily.
There is no denying the fact that all legal case including election cases must be decided in reasonable time. Delays in the judicial processes are so much ingrained in our psyche that we have almost accepted them as part of our 'karma'. Our Courts, including the Supreme Court, have time and again demonstrated their commitment for creation of a welfare State. However my view is that the apex Court has not taken any drastic steps to cleanse the judicial system of some basic flaws which lead to avoidable delays. This criticism may appear to be harsh but is based on examples of inordinate delays about which we read in newspapers. One can only hope that in near future we would reduce the backlog of cases which are is also major factor for delay in judicial proceedings.
What happened to the recommendations of 2nd Administrative Reform Commission recommendations? 2 charges have been struck off by the Madras HC & the court has upheld rest 27 charges. Why more than 93% of charges have been upheld? The very fact that PC did everything to ensure the petition against him be quashed even before they are heard tells a story of its own. There must be some hanky-panky. I am not declaring that Mr. PC is guilty I just want to make a point that this decision is neither a victory for Mr. PC nor a defeat to the AIADMK petitioner. Therefore, BJP asking for resignation of HM is outright unwarranted. Any election candidate can file huge number of petitions against his rival with uncountable allegations. Unless allegations are proved to be charges there is no moral standi that BJP can resort to ask for resignation. Tomorrow I may stand up and file a petition against any of top BJP brass and will ask for resignation. Will they resign and will it be fare?
1.It is highly distressing to note that Election petitions huge time delay.2.In this particular case the court can order quickly for recounting and clear the air.3.In general once the trial is taken up it means there is some evidence;in all such cases in order that no undue benefit is derived the voting rights of elected MP should be kept in abeyance.
One might as well say that due process of law must flaunt assiduity and alacrity.
A trial when there is no evidence left behind in EVM is next to useless. A re-election and it is over in a week. Most importantly, The Hindu editorial is silent on election audit, for speedy resolution of future cases. Would not a EVM + ATM, super market like paper proof much better?
Indian Judicial system is the root cause of rise in corruption
Our judicial system seems to be flawed. How can there be so much delay? The judges do not seem to have read the laws.
Your Editorial is Absolutely true. The main cause of arrogance in politics is that the politicians are confident judiciary moves at snail speed.Interestingly the opposition parties are happy if judgement is not delivered, as they can continue to pronounce their own judgement for propaganda purposes.This case must be taken as a fast track one,time bound,as the delay will cause more damage than the judgement.
I fully agree with your editorial. Our legal system seems to have a major lacuna. It allows appeal to higher courts on specific issues when a trial is on in a lower court. This is misused by the defendants, particularly the rich and the powerful, to delay the legal process. There are many glaring examples of this tactics.
The editorial is indeed a very fair one. I believe the electoral system is rather slow in resolving ambiguities and anomalies; such cases should have been initially decided by the Election Commission rather than by the Courts. Hence the esteemed judge must have also called for the Election Commission to be a party to this case before handing out his judgement rather than calling for merely a trial. Mr P.Chidambaram is about to complete his five-year term in the coming year. He is a very capable minister. He must not be embroiled in a prolonged judicial process which at the end of the trial(by then the next parliamentary elections may be called) finds no meaningful purpose in its preferred judgement.
Since 27 our of 29 charges have been prima facie stands it is good that the Home Minister Mr. P. Chidambaram should step down immediately. It is a clear case of justice delayed to the affected leading to denial of justice him.
The lawyers will come up with all kinds of plans to extend the case for another two years. Election laws need to be looked into and changes made to settle the cases within a period of three months. It is not fair for the other contestant to wait this long for a resolution. Ultimately people suffer.
The fact that Chidambaram fought tooth and nail to ensure that the case is not taken up in the courts, and no investigation happens, itself speaks a lot. In these three years, the EVMs would have been reformatted and the data will not be available. How will the allegation be proved by the courts assuming that Chidambaram was indeed guilty? Morally Chidambaram and his boss, Man Mohan Singh, have already lost the case in public's eyes. But beyond that, I can assure everyone that nothing will happen to Chidambaram in this (or any other) case. All open- and- shut cases including 2G, Adarsh, CWG etc are going to reach no result. And the blame goes to the so- called 'aam aadmi', who votes these corrupt and communal people back into the power every time.
Knowing well how efficient our judiciary is, it is better for Mr Chidambaram to resign and face re-election. Let people of Sivaganga decide again if he should be their MP. A person who is holding an important position and portfolio in the ministry should be credible and beyond doubt. An honourable person would have resigned on his own. That is too much to expect from the concoction of corrupt minds -'The UPA'.
You are one more supporter of Chidambaram from the rich sections. That it has taken so much time is due to his stalling tactics. But then he is not the only one who has done such a thing.
Well said.It should be the worry of the Judiciary that justice should be in time;but sadly no court nor Law Commission nor anyone connected with Legal system in India ever worried about the delay in rendering justice, especially in Election related cases.
Mr.Chidambaram is no ordinary citizen, but the Home Minister of India. It will be highly improper for him to continue in that position when he is under trial in an election case.
The argument made in your editorial on the resignation aspect of person in question is akin to allowing an engineer or a doctor to practice when his very credentials on qualifying for the degree are very much in doubt.There is absolutely no moral ground for such a defense and the winning candidate as to leave the office until he has proved legally that his victory in the contest was legitimate. While the editorial hits the bulls eye on the pathetic state of our legal system,it nevertheless lean in favor of those in holding high office in an immoral manner.Sanctity is not a mere reflection of just ones clean clothing but also a reflection of character in public and private.
Why just the election petitions? There are delays for all variety of cases. The notion that every case must be re-tried multiple times is big part of the problem. Supreme Court should only take cases that have a significant bearing in clarifying the law. Currently, it is involved even in bail hearings! Even access to the high court should be limited to a 1 day appeal. Of course, all this requires that Indians understand that the lower courts are imperfect and often fail to deliver justice. However, the current situation is a total perversion of justice and gives free reign to people with resources to go on endless appeals.
An excellent editorial by the Hindu. But, who cares? Is it the judicial system or the ruling Administration to follow the written law? This seems to be the norm in the Indian democracy. However, not that America of today is any better-may be, the U.S is better in following a written law eventually and fairly judiciously, but not necessarily in enacting a law. Look at the US Supreme Court ruling ('Citizens United' case) allowing for unlimited, anonymous campaign contributions by billionaire individuals to form Super campaign funds.
Failure to conform to timeline of prescribed under law must automatically call for escalation to special tribunal AND punitive measures imposed upon persons directly responsible for procrastination and delay be it from the claimant, the defender or the judicial bench entrusted with the responsibility of disposing of the case in accordance with applicable laws. Only this will ensure fairness and equity in our justice delivery system.
The number of by-election victories in the State by the party in power and the statistically improbable come from behind victory by Mr Chidambaram raise serious questions on the neutrality and fairness of our electoral process in certain situations. Addressing them is far more important than seeking Mr Chidambaram's head. Though, he as a student of Statistics -- if not as Home Minister in a court of law -- has some 'explaining' to do.
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