Wednesday , December 25 2024

Not prescribing educational qualification for MP or MLA is legal lacuna or pure politics: High Court | News India

Chandigarh: The Punjab and Haryana High Court (High Court) made an important comment on Tuesday in the matter of there being no educational qualification (MP qualification) to become an MP or MLA in the country. The court said, is this a flaw in the law or pure politics or both? It is very difficult for a common man to understand this. While hearing a case, the court said that 75 years ago, during a debate on this subject in the Constituent Assembly, the then President Dr. Rajendra Prasad expressed regret over the lack of educational qualification to become a Member of Parliament or MLA. Till date, this deficiency has not been removed.

Justice Mahavir Singh Sandhu made the above remark while dismissing a petition seeking criminal action against Haryana BJP leader and former minister Rao Narbir Singh for giving incorrect information about his educational qualifications in the nomination form. Describing the Constituent Assembly debate as an eye-opener for educated citizens, Justice Sandhu reiterated the statement of Dr. Rajendra Prasad. In his statement, Rajendra Prasad had said that I wanted some qualifications to be fixed for the members of the Legislative Council. It is wrong to insist on high qualifications for those who administer the law or assist in the administration. On the other hand, there is no qualification for MLAs other than being elected. The High Court dismissed the petition filed against Rao Narbir with its arguments.

In this way the matter reached the High Court (Punjab and Haryana High Court).

Petitioner Gurugram RTI activist Harinder Dhingra had sought information about Rao Narbir's educational qualification in 2017. When he did not get the information, he had to file a first appeal. On December 1, 2018, he received information about Rao Narbir's affidavit and educational qualification. He alleged that Rao Narbir had submitted false educational certificates. Defending himself, Rao Narbir told the High Court that the degrees obtained by him have not been declared fake, counterfeit or fabricated by any competent authority or institution so far. Even if the institute is not recognized by UGC, it is not his fault.