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Fake Affidavits By Elected Representatives: Why Do We Ignore Such Dishonesty?

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By Anusha Sundar:

‘…a Constitution, like a machine, is a lifeless thing. It acquires life because of the men who control it and operate it, and India needs today nothing more than a set of honest men who will have the interest of the country before them…We have communal differences, caste differences, language differences, provincial differences and so forth. It requires men of strong character, men of vision, men who will not sacrifice the interests of the country at large for the sake of smaller groups and areas and who will rise over the prejudices which are born of these differences.’

On the 26th of November 1949, in his speech as the President of the Constituent Assembly, Mr. Rajendra Prasad spoke these very profound lines. Profound, because they sensed the need for the kind of people that India required direly at that point of time and later. However, this speech stands today, merely as a text that students of the History and Political Science discipline decipher and dissect as a part of their analysis of the shifting course of the Indian Democracy. Governments have sidelined it to sections of the National Museum, the elected representatives pay no heed to their responsibilities and the citizens of the country are too busy to hold negligent behaviour accountable. The result is a rampant increase in the number of illegal entries into the Parliament and the almost non-existent consequences do little to keep this astoundingly deceitful practice in check.


Stories of MPs filing fake nomination papers or attaching false affidavits flooding the morning newspapers is such a common sight that we often don’t bother to look into it. But here is why we need to ascertain our rights as well as our duties as the citizen of the country – an elector has the right to make an informed decision regarding who he/she wished to represent his/her interests and needs in the State Assemblies or the Parliament. Therefore, it is the responsibility of the Government to ensure that correct information is made available to the people of the Constituency. Instead, thousands of MPs make a smooth entry into the Parliament by citing false affidavits.

The Article 102 of the Indian Constitution lists out several disqualifications for the members of the Parliament if they are holding any office of profit, are of unsound mind, are convicted of any criminal activities, have committed electoral offences etc. The concept of submitting an affidavit containing information regarding the candidate’s personal assets, educational qualifications and criminal convictions was conceived as proof of their qualification or disqualification. Failure to submit the affidavit, concealment or providing false information is considered an offense under Section 125(A) of the Representation of the People Act (1951). Yet, 18% of the candidates contesting National elections have criminal cases pending against them and most often, and unsurprisingly enough, they are concealed from public view. Unfortunately, the sentence for this crime is imprisonment for a period of six months or payment of a fine. Therefore, filing false affidavits does not disqualify candidates.

Mr. Soli J. Sorabjee, former Attorney General, rightly commented on the gravity of the situation and its ‘direct bearing on the purity of elections.’ He stressed on the need for an immediate response from the Supreme Court of India and demanded that the submission of false affidavits be made grounds for electoral disqualification. Mr. Sorabjees’s inputs are extremely vital not only because they recognize the fault in the system that allows illegality to flourish, but also because they offer a substantial redressal that will mend it. Faster and stringent measures need to be employed in order to curb this activity. The Election Commission, in its suggestions to the Justice Verma Committee, reasoned for imprisonment up to two years and a removal of the option of a fine payment as a reprisal against an extensive increase in the usage of false affidavits.

A Democracy, in its very principle, functions on the responsibility and reciprocity of the elected representatives. To deceive the citizens and the constituency is not only shameful but also invalidates the democratic structure of the governance. The onus is on the Supreme Court and the Government of India to take severe measures in order to curb this unlawful and dishonest practice.

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  1. Richa

    The quotation right in the beginning of the article gripped my attention and what words were they. I really liked your article – it is sad that there are these representatives who cheat and then it is worse, that the people who are supposed to vote – dont, or just turn a blind eye.


  2. Rainbow Singh

    Dr. Rajendra Prasad. That prefix is the one thing he earned in his name.

  3. Manish


    Since you are so vocal about Smriti Irani, why can’t you talk a bit more about “Madame” Sonia (or is it Antonia) Maino … err Gandhi and her offspring Raul (eek…Rahul) Vinci (oops..Gandhi)…

    and the litany of lies and distortions they have perpetrated on the Indian people?

    Bloody stooges of the “Scam”GROSS “FART”ty all….

    1. Manish

      Btw, sorry Got your name wrong…(Anusha) and not Sujatha

  4. Manish

    Also Anusha, let me give you the qualifications of your paymasters:

    Antonia: Literate in Italian

    Raul: ???

    Mulayam: Masters in Thuggery (and closet Rapist)

    Laloo: PhD in Robbing the State Treasury

    who else? oh yeah…

    The Great Mayawati: Post Graduate Baccalaureate in Architecture (Statues of herself)

    1. Azar

      Well of course we know them all and thus they are now in the place where they should be …infact by next election you may not even see there faces…but now as we have seen all these stupid people and there stupid policies the country is willing to have good and qualified intellectuals as the ministers and not liars ..So whats wrong in that…Also how funny to have an HRD minister who doesnt even know the diffrence beween a degree making policies for PHD’s and researchers…All on her communication and acting skills acquired from TV serials does not make her a prominent leader just as beacuse she can speak well …God bless India ..We need to set expectation bar for ministers to such an hieght that just like Civil Service is considered toughest of exam a seat of a minister should be full of thorns and so tough that it would no longer be there for scamters and people who want to make money in 5 years time

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