Brig. (Retd) K.G.BEHL, President, AICC, Uttarakhand

Under the ‘Fundamental Duties’ enshrined in the constitution of India one of the most important duties is to abide by the Constitution and respect it’s ideals and Institutions. Parliament and State Assemblies are the two most important Institutions provided in the Constitution which have exclusive powers to legislate on all matters specified in the Constitution. The members of these two bodies and many other bodies framed under the constitution, are directly elected by the citizens of the constituencies specified by the Election Commissions concerned on the basis of various limitations laid down in the Constitution. Thus, to elect these members too, constitutes a Fundamental Duty of the citizens in the working of the Democracy, from the constituencies earmarked for them by the Election Commission. Since non compliance of Fundamental Duties, without any valid reason, or refusal to do so, is a punishable offence by Law under Amendment 42 (d) of the Constitution, so also not exercising the casting of vote in the above elections amounts to negligence of duty and showing disrespect to the Constitution which is an offence punishable under the law. No Court shall question the validity of such action. As conducting Elections is a Fundamental Duty and refusal of persons detailed to conduct those elections is a punishable offence. Similarly casting of Vote in the elections is a Fundamental Duty and refusal to do so is punishable in law as it tantamounts to negligence of duty. To cast vote is an obligatory duty of all citizens and every one must vote.

Very many people are not aware of this aspect of the constitution and take it lightly and do not take the trouble to cast their vote under one or the other excuse. Aim is not to scare the citizens or to awaken the Administration to strictly enforce this issue but to bring awareness amongst the general Public, especially those who skip these elections majority of whom are highly educated class-or so called ‘Budhijivies’ or intellectuals- who think it below their dignity to go and cast their vote generally on the plea that there is no candidate worth electing.

Well, if it was really so why did they not stand for the election or put up a candidate who was worth electing according to their standards. They probably forget that India is a Democracy and the majority carries the day. For this they need to educate or make aware more people about the intricacies of electing best people so that they may be able to cast their votes in the favour of better candidates.

The trouble is that our educated class who have the responsibility to disseminate such vital information to the Public feel diffident to do so and rather discourage people even to vote under one or the other reason. It is obligatory on educated persons to guide and make those aware who are ignorant about the intricacies of our constitution so that they are not mislead by unscrupulous elements by adopting wrong means which are contrary to the constitution and Democracy. Quite often it is seen or heard that people have been forced to vote for a particular candidate or booth capturing has taken place where votes have been cast without most of the voters reaching the polling booth under the threat of some rowdy elements. If every one goes to cast vote such incidents would not happen or at least can be prevented. There are many such small matters which by mere presence of this class of people of the area get resolved or do not take place. Thus, it is a blessing in disguise for the smooth conduct of elections, which are the very back bone of the Democracy.

It is generally seen that the candidates spend most of their time in convassing in jhuggi Jhonpri or in areas where people are not that educated in an effort to induce the voters with promises which in all probability cannot be fulfilled. In some cases they try to lure voters with some gifts, eats, drinks or even money etc. which is against the code of conduct or ethics. They avoid going to localities where people ask for the reasons which made them stand as candidates and what works they have carried out for the good of the society or that area. They feel quite satisfied by distributing their pamphlets in those areas or putting up posters or banners to attract the attention of the educated class taking it for granted that they can read those and know whom to vote. But where the candidates are qualified and deserving they do visit all localities and people to make their claim.

As a matter of fact there should be a platform arranged by the election Commissioner where all the candidates should come and present before the electorate their basis of candidature and what they have done or promise to do so that they do not talk differently at different places to different people. If you ask me sincerely no one, not even Party leaders, should be allowed to visit and canvass for the candidates. Mostly these leaders who are generally not aware about the local conditions or problems throw muck on each other and utter words which are unbecoming of their status or high offices they hold. These hired leaders from other parts and Parties of the country or for that matter even commercial Actors or artists who are engaged or are brought there to canvass may be able to create some fun or laughter, and to an extent attract crowds, do not prompt voters to vote for the candidate who called them but rather confuse them and make the choice more difficult. I doubt , if Election Commission can put a stop to this practice to make elections simple and straight forward.

Choice of candidate is one’s own ‘Right’ and being a secret ballot it has to be kept secret.