Student Election in Jawaharlal Nehru University(JNU)

To

Dr. M. Veerappa Moily
Hon'ble Union Minister for Law and Justice
Government of India
4th Floor, A-Wing,
Shastri Bhawan,
New Delhi-110 001
Email: vmoily@kar.nic.in

Subject-Student Election in Jawaharlal Nehru University(JNU)

Sir,

On behalf of the student of Jawaharlal Nehru University [JNU], we wish to draw your urgent attention towards the stay order on the election of Jawaharlal Nehru University Student Union passed on 24.10.2008 by the Hon’ble Supreme Court. The subsequent bench of the Hon’ble Court itself recognized in its order dated 11.11.2009 that the said order is an interference in the Fundamental Right of Expression and forming an Association and it observed “the case may be placed before the Hon'ble Chief Justice for referring the questions before the Constitution Bench.”

Hon’ble Court averred, “There is broad separation of powers under the Constitution, and hence one organ of the State should not encroach into the domain of another organ.”

The stay on the JNU’s student union election is resulting in gradual non-participation of students in the matters of public and national interest. The vibrant and lively political culture which had developed in the University campus as a consequence is under erosion. Everybody feels that it is necessary to revive the student’s union at the earliest.

JNU is the only university in the country where students conduct their own elections in accordance with their Jawaharlal Nehru University Student Union (JNUSU) Constitution framed by the students themselves, without any support, control or interference of any kind from the university administration or from any of its departments. This process of conducting elections has been in vogue for more than 37 years. Elections are highly structured and regulated. The elections are conducted peacefully, harmoniously and on the basis of self-imposed discipline as given in the JNUSU Constitution and the Code of Conduct which is made applicable by the JNUSU Election Committee when the elections are announced.

It is acknowledged by the University Authorities as well as eminent people in different walks of life. Lyngodh Committee which was looking into the vice of money and muscle power in student election, made several recommendations to the Supreme Court wherein it recognized the JNUSU as a role model. The Supreme Court instead of looking at the real issue, stayed the student’s elections nearly two years back.

The JNUSU’s Constitution, Code of Conduct and Grievance Redressal Mechanism are more democratic and evolved than elections conducted elsewhere. It is consensual in nature and is protected by Article 19 of the Constitution: forming an association and following a method based on certain ideas/ ideals/views which are covered by the Freedom of Expression.

In view of the fact that keeping student elections in abeyance does not appear rational, we submit that the law officers of the government may be suitably instructed to ensure hearing of this matter expeditiously so that the elections are conducted in the JNU at the earliest.

Yours faithfully