Blog post from Prof. H. O. Srivastava

Prof. Dr. Sir H. O. Srivastava, IBS, K. St. J
M.Sc. M.Phil, Ph. D. (Info Sys.), Ph. D. (Chemistry), D. Lit. (Management)

Urgent need to amend the constitution for qualifying to occupy posts
Amending the constitution to prevent individuals charged with serious crimes from occupying positions of power until their cases are resolved:
The framers of the Constitution were indeed visionary, crafting a document that has stood the test of time in most of cases. They embedded within its principles and values that have guided the nation for decades, and centuries. The judiciary upholds the sanctity of the Constitution, asserting that its fundamental fabric cannot be altered. However, as we navigate the complexities of the modern era, we encounter the limitations of laws written in a different time.

One such issue is the right to bail, which extends to all offenses, from corruption and anti-national activities to heinous crimes. In today’s context, this provision can be exploited by influential individuals, including wealthy or politically powerful figures. These individuals, when charged with serious offenses, can afford to hire top-tier legal professionals educated from prestigious universities, paying exorbitant fees to ensure their cases are heard promptly, even at odd hours, by the highest courts. Consequently, they often secure bail and continue to hold significant political positions, potentially influencing ongoing investigations and judicial processes. This situation raises concerns about the fairness and effectiveness of the current legal framework.

Given these challenges, there is a compelling argument for amending the constitution to prevent individuals charged with serious crimes from occupying positions of power until their cases are resolved. Such a reform would help ensure that justice is not only done but also seen to be done, maintaining public trust in the legal and political systems. It would also deter the misuse of legal provisions by those with the means to manipulate the system, promoting a more equitable and just society.