Wednesday, June 12, 2024

297. When the 2024 parliament elections are over, the process of banning the Communist Party of India-Marxist will begin

297

When the 2024 parliament elections are over, the process of banning the Communist Party of India-Marxist will begin

P. S. Remesh Chandran

Editor, Sahyadri Books & Bloom Books, Trivandrum


Article Title Image By Sasun Bughdaryan. Graphics: Adobe SP.

The reason why the current leadership of the Marxism Party in Kerala is trying to get it banned any way, what are the reasons for banning political parties, which are the major parties and organizations that have been banned in India this way, what impact does the banning of a political party have on democracy- these have to be examined by one at least briefly.

After the 2024 parliamentary elections, the process of banning the Marxist Party will begin, and the happiest and the most desirous of it will be the current leadership of the Marxist Party in Kerala led by Pinarayi Vijayan. In fact, they have been doing everything diligently, enthusiastically and happily since 2016 to bring about this ban. When such a ban comes, they will be happy because the central government will seize all the existing assets of that party, and with that the others left in that party will have nothing to continue their activities with. It also means that as part of the tacit settlement and agreement with the centre-ruling party BJP the other assets including the private money they made and stashed abroad will become free and be available to be used. To use that, then, they will have only to leave the country. The most important in it is that the tie and bondage they made with the CIA to end Communism in Kerala and India will end, and also with it their accusation that the Kerala Communist leaders not working for the money they received. Yes- the goal of Pinarayi Vijayan and his serving forces that are ruling it today is to somehow get the Marxism Party banned.

Among the communist parties in India, the Communist Party of India (Maoist) and the Communist Party of India (Marxist-Leninist) have already been banned. The only thing is that the Communist Party of India (Marxist) also joins them. If it is the number of people they killed, the Communist Party of India (Marxist) has killed more people, especially their political enemies, than the other two combined. But unlike the third, in the matter of the first two, there are no mention of international gold and dollar smuggling, drug trafficking and trade, foreign secret financial transactions, or and corruption and bribery related to government. For example, if the Marxist Party is banned, smuggling and drug trade in Kerala will stop on that very day. That is the benefit to the society from this. Or, the party should expel those who do it. If the second one is not done, then the first one will happen eventually from the part of the state. Thus, by banning the Marxist party, that party will reach the time when it started in Kerala- no party office, no worker, no leader, no car, no board, no property, no power, and if they ever go outside, they will be lynched and get slapped by anyone, from anywhere.

When a party is banned there are many benefits for its leaders. One of them is that everything can be financially untied and started over again, and their hidden cash reserves will remain safely hidden. In fact, since taking over the government in Kerala in 2016, if you see the work done by the party leader, Chief Minister Pinarayi Vijayan and the State Committee of the party in the name of government, it seems they were walking wailing and weeping, ‘Oh somebody please come running…. and ban me urgently...!’ Along with the process of making private money, they were doing the process of getting banned simultaneously.

Where the Popular Front of India or PFI was banned on the charge of anti-national activity, the Marxist Party surpassing them all has done containing within the small state of Kerala and within a short span of just six years such crimes as to be banned a thousand times over and for a thousand years as from anti-national activities, subversion of the country's economic security and separatism to extremism, smuggling, drug trade, secret foreign financial transactions and violations of diplomatic protocols abroad and at home, including insulting the Constitution and spying for China, espionage and blasphemy. The Marxist Party came till 2023 just because a prime minister named Narendra Modi of the BJP who does not even suspect what is wrong and what is anti-Indian in this is in position.

Each country has different rules and procedures regarding what happen if a party is banned. That its assets will be attached and its activities will be restricted is common everywhere. In democratic countries, it is for a fixed period of three years, five years or ten years that the activity is prohibited. They may or may not return to function. Even though the Communist Party was banned in Kerala, have they not ruled the state many times later? Even if the ban is lifted, whether the property will be returned is also different from place to place.

This is a golden opportunity for its leaders, saying they learned well in advance that a ban was under way, to sneak out of the country and cross into the countries where their secret cash and investments are kept safe, saying that they understood the ban well in advance. An otherwise impossible eviction can be signed under the guise of a ban. The leaders of the Marxist Party in Kerala are waiting for that. They can secure a safe self-eviction under the guise of a ban which otherwise is impossible. The leaders of the Marxist Party in Kerala are waiting for just that. But it is sad that the activities of the Marxist Party in the whole of India are hindered when it is banned for the anti-national crimes committed from the single and smallest state of Kerala by only a handful among its local leadership. Has there ever been an allegation or proof that any political party other than the Marxist Party has engaged in gold smuggling, dollar smuggling, drug trafficking and foreign secret financial transactions?

The parties who act other than in accordance with the Constitution are banned. For actions that disrupt and obstruct social life can also be banned. In this way, in these, any prohibition can remain in place for up to ten years. However, the seriousness of the offenses committed by the party and the party's past history in such acts are what are primarily considered for the ban and leading to the determination of the number of years of ban. Participation in state, sub-state and regional elections may also be prohibited. Its leaders contesting in elections by changing the name of the party or as independents may also be prohibited. What it done for that is prohibiting parties including their leaders and elected representatives from the national to the regional levels from functioning and contesting in elections. It is much easier and cheaper to impose a blanket ban on them rather than assigning police to every nook and cranny of the country to monitor and prevent them from their activities! That is the government's attitude and position on these prohibitions.

The answer to the question of whether the banning of parties within a democracy, especially by the ruling parties, is admissible is that banning is a deterrent factor, a discouraging factor in many things. Its logic is that if they see a banning is coming, its leaders will withdraw themselves from many anti-national and anti-people activities, and in public meetings and by writing in party newspapers calling for acts of violence and insurgency.

Al-Qaeda, Al-Badr, Lashkar-e-Taiba, and Liberation Tigers of Tamil Eelam as part of international banning, and National Socialist Council of Nagaland and National Democratic Front of Boroland, National Liberation Front of Tripura, All Tripura Tiger Force, Jammu and Kashmir Islamic Front, Manipur People's Liberation Front, Khalistan Liberation Front, Khalistan Commando Force and International Sikh Youth Federation, as a result of activities in and around India, are banned from functioning in India through orders by the Central Home Department. Many of these continue to operate outside India anyway.

When a party is banned in the election process, which is an integral part of democracy, if the people who had voted for it until then could not find a suitable party to replace it, then there is a possibility of them leaving the election process itself altogether and destabilizing democracy. One cannot sit without examining and considering it. Experts in the field say it is like removing a limb from the body of the nation. Isn't the decline in the number of parties that participate in political work and in the election process itself a sign of the ill health of democracy? This diminishing and disappearance of political parties creates an uncertainty among the people who are their or others’ regular voters. This also is not good for the health of democracy. What is here to be used instead of banning is democratic education, political debate, and if there is illegal activity on the part of that party, the application of criminal procedure law on it, but isn’t it because these parties did not yield to them that the prohibition itself had to be imposed?

The question of whether the Central Government actually has the power to ban a registered political party, or whether even the Central Election Commission which registered it itself has the authority to do so, came up in India when the organization Popular Front of India, PFI, was banned but due to its many intractable political difficulties which could not be overcome for the time being their political party, the Social Democratic Party of India or the SDPI, could not be banned. The government has not been able to give a clear answer to this till date.

Regarding the banning and dissolution of political parties and restriction of their freedom of activity, the Venice Commissions of 1999 and 2009 and the Parliamentary Assembly of the Council of Europe in 2002 have formulated and recommended many proposals- sweet reflections and thoughts to some- which can be followed by anyone. But even the countries that have participated in them and signed them do not respect what is said in them, because it is the ruling political parties in most countries that ban their rival political parties.

Written on 08 August 2022 and first published on: 13 June 2024

Original article in Malayalam written on 08 August 2022 and first published on: 06 July 2023

SM1349. 2024ലെ പാ൪ലമെ൯റ്റുതെരഞ്ഞെടുപ്പുകഴിയുന്നതോടെ മാ൪കു്സ്സിസ്സു്റ്റുപാ൪ട്ടിയുടെ നിരോധനത്തിനുള്ളനടപടികളു് ആരംഭിക്കും
https://sahyadrimalayalam.blogspot.com/2023/07/1349-2024.html





 

 

 


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