Despite pleas that it infringes “grassroots democracy”, the Supreme Court on Monday refused to entertain a challenge against the Rajasthan Panchayati Raj (Second Amendment) Ordinance, 2014.
The ordinance, promulgated on December 20, 2014, prescribes minimum educational qualifications to contest in local body elections, and effectively keeps out illiterate persons from the democratic process.
In a brief hearing, a Bench led by Chief Justice of India H.L. Dattu asked the petitioners, led by social activist Aruna Roy, to approach the Rajasthan High Court and convince it of the urgency of the matter.
The last date for filing nominations for the panchayat polls is January 6. The first phase of the elections starts on January 16.
The ordinance stipulates that a member of a zila parishad or panchayat samiti should have acquired secondary education. While the panchayat sarpanch of a Scheduled area should have passed Class 5, his counterpart in Non-Scheduled areas should have cleared Class 8.
Appearing for various petitioners, senior advocates Raju Ramachandran, Anand Grover and Abhishek Manu Singhvi submitted that the ordinance was passed “strategically”, “knowing that the courts would be closed for vacations”.
“We are only telling you to please go to the High Court and then come back to us,” Chief Justice Dattu observed.
Ms. Roy’s petition argued that the ordinance is a “punitive and disentitling measure” in a State where the Right to Education has seen the worst implementation.
It argued that the ordinance violated the inclusive spirit of the 73rd and 74th Amendments and served as an “exit for illiterate people”.
Mr. Grover submitted that the 2001 Census showed 82.5 percent of the people above 20 years of age in rural Rajasthan did not have formal education beyond class 5 or primary level.
The ordinance, promulgated on December 20, 2014, prescribes minimum educational qualifications to contest in local body elections, and effectively keeps out illiterate persons from the democratic process.
In a brief hearing, a Bench led by Chief Justice of India H.L. Dattu asked the petitioners, led by social activist Aruna Roy, to approach the Rajasthan High Court and convince it of the urgency of the matter.
The last date for filing nominations for the panchayat polls is January 6. The first phase of the elections starts on January 16.
The ordinance stipulates that a member of a zila parishad or panchayat samiti should have acquired secondary education. While the panchayat sarpanch of a Scheduled area should have passed Class 5, his counterpart in Non-Scheduled areas should have cleared Class 8.
Appearing for various petitioners, senior advocates Raju Ramachandran, Anand Grover and Abhishek Manu Singhvi submitted that the ordinance was passed “strategically”, “knowing that the courts would be closed for vacations”.
“We are only telling you to please go to the High Court and then come back to us,” Chief Justice Dattu observed.
Ms. Roy’s petition argued that the ordinance is a “punitive and disentitling measure” in a State where the Right to Education has seen the worst implementation.
It argued that the ordinance violated the inclusive spirit of the 73rd and 74th Amendments and served as an “exit for illiterate people”.
Mr. Grover submitted that the 2001 Census showed 82.5 percent of the people above 20 years of age in rural Rajasthan did not have formal education beyond class 5 or primary level.
Source - The Hindu
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