Legal liability of the political party of an accuse

You cannot implicate the PM or the whole Cabinet if a clerk in Govt is caught red handed while taking a bribe

You are arguing the same

The Candidate states on oath as his personal knowledge " --- to the best of my beief and knowledge"  while sumitting his application for contesting the Election

It is scrutinized by the Returning Officer

The A Political Party contesting 545 MPs and around 2-3000MLs Seats cannpot take gurantee of all those contesting

And further No one can be a Criminal unless proved by the Highest Court

Now Politcal Parties can take decision on their own that the chargesheeted or accused people may not be given tickets

But there is no such bar unless Judged by a Court of Law 

Good discussion and a healthy trend  to be appreciated by all

During Nehru’s time the Congress illegally occupied a Dehradun House.One undersecretary took action against the Congress General Secretary and used force to get area Congress party men out of that house. Complaints were filed to Nehru against the undersecretary. Nehru summoned the trembling undersecretary who told him the truth. Nehru expelled those congressmen within seconds. Now these things don’t happen and Prime Ministers are unaware of the names of secretaries . However political parties except in cases like above are not liable for individual problems just because they were voted into power.

Dear Sri Godbole,

Since our Govt is for the Party , by the Party, and members of the Party, I thought it is appropriate to discuss the matter, and I drew the analogy of a Virtual legal entity, like a Corporation etc where the Company is sued in addition to tthe principle officers, though the Company itself is a non-physical entity.

Even defection from the Party is a legal infraction, and why not a member(who is an active subscribing member) who commits a criminal act, the Party thaT SPONSERED HIM AND the party itself which  survives , if any question is raised about the partys enjoying the confidence of the Voters,  by this very members vote (you recall the money that was making rounds which was aggleged to have been spent to get such a votd!), the Political party gets a fresh lease of life, to govern the Nation.

In the Present cotext of plethora of scams, one a day, I submitted this topic, for a healthy discussion by the Professional in the Legal fineries and complexities, to determine whether the party is directly or vicariously responsible for the misdeeds and criminal acts of members IN THE venrable house which makes the laws of the Land.    SEVERAL ELECTED MEMBERS, AS HAS BEEN BROUGHT ABOUT BY THE APEX COURT, ARE ACCUSED IN CRIMINAL CASES AND THE SC SEEMS TO HAVE SUGGESTED FAST TRACK COURTS TO RESOLVE THE ISSUE.

I am not a lawyer and hence I posted this to dispel my ignorance of law and I hope I made the subject clear for the forum.  IT IS NOT THE NUMBER OR THE FEASIBILITY OF THE SUGGESTION, THAT SHULD GOVERN THE ISSUE.  IN MY SUBMISSION, THE PARTY THAT ENJOYS THE PRIVELEGES IS ALSO LIABLE FOR THE ACTS OF OMISSION AND COMMISSION OF THE MEMBERS OF THE PARTY WHO ARE ITS MOUTH PIECES AND AUTHORISED MEMBERS TO CARVE  THE DESTINY OF THE NATION.

You might be theoretically correct but what you are saying is practically impossible. The world's not Sir Thomas More's Utopia.

Thanks for your analysis and response. SIR THOMAS MORES UTOPIA DID NOT materialise in his life time, but he was made a Saint even after his beheading which was then said to be a lesser punishment after exonerating him  for the  high treason he was tried and which  took just 15 minutes for the Jury to decide his fate!!! Just today after over a decade, an ex telecom minister despite his advanced age has been sentenced for a few years of incarciration ,  and while  a murderer of over 200 Indians is enjoying the STATES HOSPITALITY and expenditure on him had exeeded  Rs 32 per day x a MILLION  ie Rs 3,20,,00,000 below povery level Indians could live as per the Govt norms. I AM UNABLE TO UNDERSTAND WHY A POLITICAL PARTYs liability of one of its members unaccepgtable behaviour and in the very  BREACH OF HIS very  OATH of office  TO UPHOLD THE CONSTITUTION and with impunity when  HE behaves in a manner which  impinges on the other citizens rights to live in peace, as is happening in AP , The anarchy let lose by the PARTYs  elected members paid over Rs 32 X 1000 PER DAY CONSIDERING THE PAY AND PERQS IN comparison to the  the lesser mortals and underpriveleged mandated to live comfortably with Rs 32 per day.!!!  IS THERE A RATIONALE TO CONDONE THE POLITICAL PARTY BY VIRTUE OF ITS  MEMBERSHIP, ONE BECOMES THE LAW MAKER OF THE NATION AND COULD WITH IMPUNITY TRANSGRESS  HIS OATH AS WELL AS THE LAWS OF THE LAND.   My ignorant question is CAN SOMEONE QUANTIFY THE CULPABILITY OF THE POLITICAL PARTY THAT IS IN legal parlance HAPPENS TO BE  an accessery before the fact  of ONE OF ITS  members ,  the party had  fecilated  to a position to become  a member of a law maker of the Nation.  .  IN THE BACK DROP OF THE PRESENT NATIONA L GOVT BEING A govt of the party for the party by the party, in contrast to the ideal of A GOVT OF THE PEOPLE FOR THE PEOPLE BY THE PEOPLE. I submitted the above for the Forums constructive discussion IN CONSONANCE WITH THE LAW OF THE LAND.

Sukh Ram won't be Dukhi. Sir Thomas More was beheaded in 1535 and canonized as a saint in 1935[400 years later]. Sukh Ram will not go to jail but would fake a heart attack and would be a five star hospital and will be awarded Bharat Ratna for his selfless corrupt activities. What's 3 crores as compared to Italian woman's 360,000 lakh crores. She won't take it with her when her malignant cancer gets ouuta control.

However a local M.P is accountable for all development in his are of election. They get Rs 50 Crores as compared to 1-5 crores earlier for listening to woes of people and taking action with the private watchdog pehredar is doing. These guys shudn't be elected if they fail to listen to woes of people of Indian and Foreign origin and that's why I suppport Anna, Right to Reject/Right to recall. Brilliant idea. US shud also enforce it.