The Bharatiya Janata Party government in Uttar Pradesh has issued new guidelines for verifying candidates selected through direct recruitment to posts in state government departments, corporations, councils and local bodies. Under the order, individuals linked to violent efforts to bring about a change in the existing regime may be considered ineligible for appointment.
The guidelines state that membership of an organisation whose declared objective is to change the existing social system through violence can lead to disqualification from government service.
Participation in such activities during the three years before verification, and after the person has attained the age of 21, may be treated as evidence of continued involvement. However, this presumption can be reviewed if concrete evidence shows that the individual’s conduct has positively changed during the intervening period.
The order also clarifies that a candidate cannot be rejected only because of their political ideology. The registration of a first information report or the pendency of an investigation, by itself, will not result in automatic disqualification.
The guidelines have been issued against the backdrop of protests in parts of Uttar Pradesh and elsewhere in the country seeking the resignation of Chief Election Commissioner Gyanesh Kumar over the functioning of the Election Commission. In July, young people also held demonstrations over alleged irregularities in the conduct of competitive examinations.
Opposition calls order unconstitutional
Congress and Samajwadi Party leaders have criticised the measure, calling it undemocratic and recalling provisions used during the British colonial period.
Congress leader Aaradhana Mona Mishra described the order as unconstitutional and said it should not affect students who hold peaceful protests over education or employment issues.
Mishra said the Constitution guarantees citizens the right to express their views peacefully, stage protests and hold demonstrations. She added that action would be a separate matter where a person makes provocative statements or attempts to create unrest.
Samajwadi Party leader Udayveer Singh accused the BJP government of functioning with an intimidatory mindset. He said similar orders had existed during British rule, while in independent India the right to protest is protected by the Constitution.
Singh also said that regime change takes place through legally established processes after elections and that every person is free to participate in them.
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