To, Sh. Sunil Arora Ji,
The Chief Election Commissioner,
Election Commission of India, New Delhi-01,
Subject: To make Two Child Norm mandatory for contesting election
- Petitioner is filing this petition to insert an additional condition- “political party shall not setup candidates, who have more than two children” in Paragraph 6A “Conditions for recognition as a State Party”, Paragraph 6B “Conditions for recognition as a National Party” and Paragraph 6C “Conditions for continued recognition as a National or State Party” of the Election Symbols Order, 1968, and Model Code of Conduct.
- This would not breach the principle of separation of powers because there is a legislative vacuum insofar as the Parliament has not enacted any legislation in the field covered by the Symbols Order, which has been issued by the ECI in exercise of its plenary powers under the Article 324.
- The powers of the ECI under Article 324 of the Constitution operates in areas left unoccupied by legislation and is plenary in character. [Kanhiya Lal Omar v. R.K. Trivedi, (1985) 4 SCC 628, Para 16] The power of “superintendence, direction and control” of the conduct of elections, vested in the Election Commission, is executive in character. [A.C. Jose v. Sivan Pillai, (1984) 2 SCC 656, p. 22] The Symbols Order is traceable to the power of the Election Commission under Article 324. [Kanhiya Lal Omar, para 16] The power to amend, vary or rescind an order which is administrative in character under Section 21 of the General Clauses Act, specifically referred to in paragraph 2(2) of the Symbols Order, would permit the Election Commission to withdraw recognition of a political party. [Janata Dal (Samajwadi) v. Election Commission, (1996) 1 SCC 235, para 6] Accordingly, it is clear that the proposed amendment in the Symbols Order would operate in a field where there is a legislative vacuum.
- The proposal is vital because the functions performed by legislators are vital to democracy and there is no reason why they should be held to lower standards than Municipal Councilor and Gram Pradhan. In many States, Candidates for Municipal Councilor and Gram Pradhan certainly would not be considered at all if they have more than two children. However, it is worth noting that the proposed amendment is not an eligibility condition for legislators but rather merely imposes a condition on political parties.
- The effect of proposal would only be to impose an additional condition on a political party for obtaining and retaining the status of a “recognized national party” or “state party”, which would entitle it to a reserved symbol under the Symbols Order. The statutory right to register a political party under Section 29A, RPA and contest election as an independent candidate, would not be affected in any way. Moreover, under Section 13A of the Income Tax Act, 1961, political parties are exempted from paying income tax on contributions received by them. Hence, imposing a condition during elections preventing them from fielding candidates having more than two children in an election, is a reasonable restriction, keeping in mind the concessions and privileges enjoyed by them.
- At present, 122 crore Indians have AADHAAR Card, around 20% viz. 25 crore citizens (particularly children) are without AADHAAR Card, and around four crore Bangladeshi and one crore Rohangiya intruders, illegally reside in India. From this, it is evident that the total population of our country is around 152 crore instead of 125 or 130 crore and we have marched much ahead of China. If we calculate natural resources, then we have only 2% of agriculture land of the total land and only 4 % drinking water. However, our population is 20 % of the world. If we compare with China then our agricultural area is only one-third of China and the rate of population growth is three times that of China. In China 11 children are born every minute and in India 33 children are born every minute.
- Population explosion is the root cause of most of our problems including shortage of water, forests and land, Roti, Kapra and Makan (Bread, clothes and house), poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution. Population explosion is also the root cause of the crowds in trains, police stations, tehsils and jails, High Courts and Supreme Court. Population explosion is the rootcause of theft, dacoity and snatching, domestic violence, physical and mental harassment of women and separatism, fanaticism, stone pelting etc. From the survey conducted on thieves, dacoits, snatchers, rapists and mercenaries, it is apparent that about 90% criminals and offenders are such that their parents have not followed the policy of “Ham Do – Hamare Do”. Therefore, it is evident from the above stated facts that population explosion is the basic cause of more than 50% problems of India.
- We celebrate the International Day for the Elimination of Violence against Women on 25 November every year, but violence on women is increasing and the root cause is population explosion. After birth of a girl, the woman is subjected to physical and mental harassment, though, as per medical science, it depends on the Husband. Some people abandon their first wife if 3-4 daughters are born, and perform second marriage to fulfil their desire to have a son. For daughters, to have good health, social economic and political justice, liberty of thoughts, expression, belief, faith, and worship, equality of status and opportunity, a strict population control law, based on the Model of China, is urgently required.
- Population explosion is also the root cause of the pitiable condition of our International Ranking. We are ranked 103rd in the Global Hunger Index,43rd in the matter of suicide, 168th in the Literacy Rate, 133rd in the World Happiness Index, 125th in Gender Discrimination, 124th in the minimum pay scale, 42nd in the employment rate, 66th in the Rule of Law index, 43rd rank in the Quality of Life Index, 51st rank in Financial Development Index, 66th rank in Rule of Index, 177th rank in Environment Performance Index, 139th rank in the Per Capita GDP. However, we are the first in the matter of depleting the underground water, though we possess only 2% of agricultural land of the world and only 4% of ground water
- Population explosion is also one of the root cause of corruption. If we see last 20 years Corruption Perception Index, our ranking is pathetic. We were ranked 66th in 1998, 72nd in 1999, 69th in 2000, 71st in 2001 and 2002, 83rd in 2003, 90th in 2004, 88th in 2005, 70th in 2006, 72nd in 2007, 85th in 2008, 84th in 2009, 87th in 2010, 95th in 2011, 94th in 2012, 87th in 2013, 85th in 2014, 76th in 2015, 79th in 2016 and 81st in 2017.
- Every year we celebrate National Pollution Control Day on 2nd December and we have made immense efforts in the last 4 years to control pollution, but due to population explosion, air pollution, water pollution, soil pollution and sound pollution are constantly increasing. Therefore, success of Clean India and Healthy India Campaign is doubtful in the absence of a strict population control law.
- Beti Bachcho-Beti Padhao Campaign may be successful, but torture after marriage, cannot be stopped in absence of a strict and effective population control law. After birth of 3-4 daughters, physical and mental torture are hurled on the woman, though the girl child depends on male instead of female. Several people prefer polygamy in the desire of son. India urgently needs an effective population control law to stop discrimination between boys and girls, provide equal rights and equal opportunity to both.
- The tax payers follow the rule of Ham Do-Hamre Do, but the persons getting subsidized Roti, Kaprah & Makan are the real cause of population explosion. Thousands of years before, Lord Ram had initiated the rule of Ham Do- Hamare- Do, and for giving message to common man, along with Laxman, Bharat and Shatrughan, he in person had followed the rule of Ham –Do Hamare- Do, when during the period, problem of population was not so dangerous. All the political parties admit that at present, population explosion is more dangerous than bomb explosion. Therefore, without implementation of effective population control law, making of RamrajayaClean India, Healthy India, Literate India, Prosperous India, Resourceful India, Strong India, Secured India, Sensitive India and India free from Corruption and Crime is not only difficult, but also impossible.
- Keeping in view the above facts, the National Commission to Review the Working of the Constitution (Justice Venkatchallaih Commission), after making immense efforts for two years and elaborate discussion, had suggested the addition of Article 47A in the Constitution and formulation of Population Control Law, which had not been implemented till date. Till now the Constitution has been amended 124 times, the decision of the Apex Court has been altered twice, hundreds of new laws have been framed, but population control Law, utterly required by the country, is not made, though it will curtail more than 50% of the problems.
- The Constitution Review Commission is the most prestigious Judicial Commission. The former Chief Justice of India Justice Vankatchalaih was its chairman and Justice Sarkaria, Justice Jeevan Reddy and Justice Punnaiya were its members. The former attorney General of India, Mr. Keshav Parasaran and Soli Sorabjee and former Loksabha Secretary General Mr. Subhash Kashyap were its members. The Member of Parliament Sumitra Jee and late Sangama Ji were also Member of this commission. Senior journalist C.R. Irani and Mr. Abid Hussain, ExAmbassador to America were also the members of Commission.
- The Vankatchalaih Commission, making immense efforts for two years and discussion with all the concerned parties in detail, had handed over its report to the Union Government on 31st March, 2002. On the ground of recommendations rendered by the said commission exclusively, the remarkable laws such as MANREGA, Right to Education, Right to Information and Right to Food were enacted, but the population control law was not even discussed in the parliament. The said commission had also rendered significant opinion in the matter of effective implementation of fundamental duties, which is not put into force till now. The recommendation related to Electoral Reform, Administrative Reform and Judicial Reform are pending till date. So, recommendations rendered by Venkatchaliah Commission should be put on the floor of the House and extensive discussion should be held, particularly on population control.
- Almost all leaders of political parties, MPs and MLAs, intellectuals, sociologists, environmentalists, educationists, judges, thinkers and journalists are concurrent to the point that population explosion is the root cause of more than 50% problems of our country. As long as two crore homeless people are given homes, more than 10 crore homeless people will be born. Therefore, the population control law of China with required amendments may be put up in the Lok Sabha in the forthcoming session.
- The Population Control Law should be strict and effective and the person found violating the said rule may be forced to surrender his ration card, voter ID, AADHAAR card, bank account, electric connection and mobile connection. Simultaneously, the persons violating the rule of Ham Do –Hamare Do may be restricted for whole life from getting government jobs and contesting elections and becoming political office bearers. Such people should be debarred from the facilities of government schools and hospitals, including the other subsidies and facilities.
The separation of power cannot prevent the ECI to address the systemic problem of population explosion. Therefore, keeping in view the above stated facts, please take apposite steps to insert an additional condition: “political party shall not setup candidates who have more than two children” in Paragraph 6A “Conditions for recognition as a State Party”, Paragraph 6B“Conditions for recognition as National Party” and Paragraph 6C “Conditions for continued recognition as a National or State Party” of the Election Symbols (Reservation & Allotment) Order 1968 and Model Code of Conduct for the political parties and candidates.
Please also inform all political parties that the violation of proposed amendment shall result in seizure of recognition and election symbol.
The proposed amendment cannot result in a violation of the fundamental right under Article 19(1) to form an association. A candidate, having more than two children, can become or continue to be a member of the political party. The condition that the political party does not give him a ticket as a condition for recognition as a State or National party, to guarantee continued usage of the reserved symbol, does not impinge on the freedom of association of either the candidate or the political party. Further, even assuming that it could be characterized as falling within the scope of Article 19(1)(c), the proposed amendment arguably is a reasonable restriction that is narrowly tailored and can be justified on the ground of public order and morality in Article 19(4) of the Constitution.
Thanks and Regards
Ashwini Kumar Upadhyay