Declaration of Prime Minister Candidate

Declaration of Prime Minister Candidate

Is it violation of Constitutional Provision?

On 13^th September 2013, evening the Mr. Rajnath Singh, declared before media the Prime Minister candidate of BJP after party’s  parliamentary board meeting.

“The Bharatiya Janata Party (BJP) on Friday announced Gujarat Chief Minister Narendra Modi as its prime ministerial candidate for the 2014 general elections. The announcement came after a meeting of the party’s parliamentary board here this evening, which unanimously decided to project Modi as the prime ministerial candidate. “We have projected Narendra Modi as our PM candidate,” BJP President Rajnath Singh told media here after the parliamentary board meeting.”

It’s explained as trend set since 2009 by the BJP to declare its PM candidate the current announcement is made. But the question rises in mind about the constitutional validity of such announcement in current electoral system and parliamentary democracy. Following are some of them; 

(a) Whether a political party are not violating the rights of the Member
of Parliament who as per the constitutional provision chooses their leader. The
Prime Minister heads the council of the minister.

(b) India’s parliamentary democracy does not allow the Prime Minister
to be directly elected by the people. Whether political parties are allowed by
election commission of India or within their rights to declare candidate?

(c) Whether declaration of Prime Minister Candidate by a political
party violates the provisions of Representation of People’s Act 1950? The post
of Prime Minister does not represent people than by declaring the candidate the
concern political party has violated the rights of the citizens to elect member
of parliament and thereby allowing them to participate in election of Prime
Minister.

(d) Whether declaration of PM candidate also violates the internal
democratic setup within the party (vide its declared constitution), by not
granting fair chance to be elected as Prime Minister candidate? Question does
not arise since political parties are not authorized to declare candidate for
prime minister. The candidate can represent a political party, for due election
scheduled as Member of Parliament or Member of Legislative Assembly.

(e) What would be than role of citizens of India, how during elections
the votes would be accounted for the declared candidates? The current
declaration of Prime Ministerial candidates can be honored by whom, the
political party, the current parliament or election commission? Can there be
provision for the direct election of Prime Minister?

Whether
pre-emption of the election process by a party allows than to be unaccountable
for the purpose of election? Who bears the cost of the expenditure before the
announcement of election dates? The concern parties if this amounts to a
political rally are accountable to election commission (concerning with
constitutional post).