If you erect entry barriers to contesting, you are effectively curtailing the right to vote, by pre-emptively selecting the pool of people from whom the voters can decide.
A
thread on why this view is not correct:
There
is no evidence to demonstrate that people with a formal education can
do a better job as elected representatives than those without. In
fact, anecdotal evidence at the time the law was passed suggested the
contrary.
See,
for instance, Radha Devi. There were many such examples –
especially – of women panchayat leaders who drew upon their own
experiences of deprivation and lack of opportunity, to ensure that
that did not continue.
That,
alone, is a good enough reason for why this law was wrong. Formal
education has no necessary connection with the qualities required
for good and competent political and administrative leadership.
But
actually, this framing is itself suspect.
It
is suspect because we live in a democracy, and at the heart of our
democracy is the concept of representation: voters decide who will
best represent their interests, and elect them to legislative bodies
accordingly.
Therefore,
when you say that formally uneducated should be barred from
contesting elections, what you are effectively saying is that you
don’t trust the voters to decide who will best represent their
interests. This is arrogant and presumptuous.
Now
you may argue that there is a distinction between the right to vote
and the right to stand for election, and that nobody is taking away
the right to vote. But they are two sides of the same coin. If you
erect entry barriers to contesting, you are effectively curtailing
the right to vote, by pre-emptively selecting the pool of people from
whom the voters can decide. It is, effectively, a restriction on
voting, just that it’s done indirectly.
Third
reason: such laws are discriminatory. They discriminate on lines of
gender and caste, because those who have been deprived of
access/opportunities to education, are inevitably the most vulnerable
members of society. This is documented.
So,
the Haryana law disenfranchised 68% of Dalit
women and 50% of all women from contesting. It’s not these
peoples’ fault that they were unable to get a formal education.
Deprivation is function of social discrimination, not individual
character flaws.
For
these three reasons – that it has no tangible effect on the quality
of decision-making, that it is counter to the fundamental logic of
democracy, and that it is discriminatory – this law was bad.
Now,
to some objections.
Objection
A: Will you also get rid of age-based restrictions?
Answer:
No, because the logic of an age restriction is entirely different. We
agree that participation in democratic politics requires a degree of
*mental maturity* that is a function of age.
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