The Haryana government's decision to make minimum qualification criteria mandatory even for the Urban Local Bodies kicked up a row today with opposition parties slamming it, saying it is against the spirit of the Constitution as it will deprive many people from contesting.
After fixing the minimum educational qualification for elections to the Panchayati Raj institutions in Haryana, the BJP government has decided to make the qualification criteria mandatory for contesting the polls to Urban Local Bodies in the state as well.
The state government decided to amend Section 13-A of the Haryana Municipal Act, 1973 and Section-8 of the Haryana Municipal Corporation Act, 1994 laying down some qualifications for contesting the Urban Local Bodies polls.
As per the amendment, qualification has been prescribed as matriculation for all levels of the elected representatives of the Urban Local Bodies.
Chief Minister Manohar Lal Khattar said that having elected representatives with qualified educational background will help further strengthen the democratic set up.
Justifying this decision, outspoken Haryana Minister Anil Vij said minimum qualification criteria should be there even for MLAs and MPs.
Former Haryana Chief Minister Bhupinder Singh Hooda questioned it, asking, "why should there be any bias? If minimum educational qualification criteria has to be made applicable, then it should be there for legislators and parliamentarians first".
Slamming the decision, he said it has come at a time when the country is celebrating 125th birth anniversary of Dr B R Ambedkar, architect of the Indian constitution.
"They (Constitution-makers) gave equal right to everyone. This will deprive so many people from contesting, which is against sentiments of constitution-makers," the Congress leader said.
He said even if the Khattar government had to go ahead with its move, then it should have been done from the next term of Urban Local Bodies. "Why is such a law not made applicable for MLAs and MPs first," he asked.
Haryana Congress President Ashok Tanwar said the government's move was against the spirit of the constitution.
"It is unconstitutional and undemocratic. Imposing educational qualification to contest any election, especially at grassroot level, will deprive large number of people from contesting," Tanwar said.
Haryana's main opposition INLD als slammed the decision. Its state president Ashok Arora said, "It is like depriving people of their fundamental rights. It is a wrong decision which they have taken and is against people's sentiments.
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While defending the decision, Vij said, "In our Indian democratic set up, Panchayat and local bodies form the basic constituents and by having educationally qualified people as representatives of people at grassroots, it will strengthen our democracy. Taking cue from us, other states can also replicate this."
The Minister added, "I personally feel even for MLAs and MPs, the minimum qualification criteria should be decided. Although that is not under our jurisdiction, but I feel if it is done, it will be a good thing. But what was within our ambit, we have done that."
A minimum educational qualification for women and Scheduled caste candidates have been fixed as middle class and for SC women candidates as 5th class.
Besides, all the candidates contesting the polls to Urban Local Bodies have to file a declaration that they have the provision of a functional toilet at the residence, among other criteria.
Batting for the minimum educational qualification for the Urban Local Bodies, Vij said, "this is a very good beginning, we have sown the seed and its benefit will be there for everyone to see in future".
Asked about the stiff opposition to the move by the opposition parties, he said, "those who are opposing are doing so for their vested interest. They take the plea that educated candidates will be less and many will be unable to contest. I think they are trying to rake up this point without valid reasoning. Even the Supreme court upheld our decision to fix class Xth as minimum qualification for candidates running for the Panchayat elections."
He said that "After spending crores of rupees over the years, if Congress and other leaders want to say that we don't have educated people to contest, then I think it raises a serious question. Do they want our country to remain backward and deprive people at the grassroot of having educated representatives?"
However, Congress leader Ashok Tanwar slammed the BJP, saying "BJP is treading same path like Britishers did and is following the same pattern. They believe in elite democratic rights, selective rights, they want to deprive people who are already deprived, this is the reason Congress is opposing. We are not per se against educational qualification criteria, but the manner in which they are going ahead in putting this in place".
Haryana has nine municipal corporations--Gurgaon, Faridabad, Karnal, Panipat, Rohtak, Hisar, Panchkula, Ambala and Yamunanagar. Besides, there are 19 municipal councils and 50 municipal committees.
On the Panchayat polls, the Supreme Court had on December 10 upheld the Haryana government's decision to fix class Xth as minimum qualification for candidates running for the Panchayat elections.
The judgement upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015, which fixes matriculation as essential qualification for general candidates contesting panchayat polls, while the qualification for women (general) and Scheduled Caste candidates has been fixed as class VIII.
