HC cites Dr Rajendra Prasad’s regret over unqualified lawmakers

Nearly 75 years after India’s first President, Dr Rajendra Prasad, lamented the lack of educational qualifications for lawmakers, the Punjab and Haryana High Court has asserted that this “first regret” remains unaddressed.

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Nothing has changed with time

Justice Mahabir Singh Sindhu observed that despite the passage of time, there was still no requirement for educational qualifications to become a Cabinet minister, an MP, or an MLA.

Justice Mahabir Singh Sindhu made it clear that there was still no requirement for educational qualifications to become a Cabinet minister, an MP, or an MLA, despite the passage of time.

The assertion came as Justice Sindhu dismissed a petition filed by RTI activist Harinder Dhingra against former minister Rao Narbir Singh, alleging self-contradictory affidavits regarding educational qualifications.

Describing the issue as an “an eye-opener for the educated citizenry”, Justice Sindhu asserted in his order: “Is it law’s flaw; and/or pure politics? Or both? But it is very difficult to comprehend for a commoner.”

Providing context, he recalled that Dr Prasad, on November 26, 1949, listed two regrets before adopting the Constitution of India. He said he would have liked to have some qualifications laid down for members of the legislatures. The other regret, he said, was that they had not been able to draw up the first Constitution of a free Bharat in an Indian language.

“The difficulties in both cases were practical and proved insurmountable. But that does not make the regret any the less poignant,” Justice Sindhu quoted Dr Prasad as saying.

“A period of about 75 years has been consumed; but till date the `first regret’ is waiting for amelioration,” the court observed.

Justice Sindhu added Dhingra, in his complaint filed before a Gurugram court, had – among other things – asserted that Rao showed his educational qualification as graduation from “Hindi Vishvavidyalaya Hindi Sahitya Samimelan Prayag” in 1986 in the nomination papers, including an affidavit, filed for the Jatusana constituency.

The educational qualification was shown as graduation from “Hindi Vishvavidyalay Allahabad” in 1987 in the nomination papers, including an affidavit, filed for the Badshahpur constituency. Dhingra claimed that the University Grant Commission informed him under the RTI Act that there was no university in the name of “Hindi Vishvavidyalay Allahabad”

The matter was placed before Justice Sindhu after the Gurugram court dismissed the complaint. Appearing on Narbir Singh’s behalf, senior counsel RS Rai argued that the degrees obtained by him had not been declared fake, forged or fabricated by “any competent authority or body till date”.

Justice Sindhu asserted the impugned order was passed by the Judicial Magistrate after due application of “judicial mind”. The court’s view in the matter was justified. “This court does not find any illegality or perversity, worth interference with the impugned order…,” the Bench concluded.