VIEWS OF STATE GOVERNMENTS AND ELECTION COMMISSION
State Governments' View:
It is noteworthy that over the years, State Governments have been changing their stand on this question. The Government of Bihar and Uttar Pradesh recommended the abolition of Legislative Councils in 1972. However, in 1977-78, all the four States having Legislative Councils, namely, Bihar, Uttar Pradesh, Karnataka and Maharashtra opposed the proposal. In 1978, Karnataka Government recommended abolition of teachers' constituencies altogether. The Uttar Pradesh Government have proposed extension of voting rights at elementary school teachers in June, 1982. The present position is that Karnataka and Maharashtra Governments have a recommended change in the Constitution to include voting rights to elementary school teachers. Bihar Government have stated that voting rights in Teachers constituencies in Legislative Councils may be extended to Primary school teachers also. Uttar Pradesh Government is not in favour of changing the status quo. A statement showing position of views expressed by State Governments from time to time is at Appendix IV.
Views of the Election Commission of India about Voting Rights to
Elementary School Teachers in Teachers Constituencies in Legislative
Councils: Since 1957, the Election Commission has been pressing for the abolition of Teachers' Constituencies. in a Note dated 27-5-1957 to Ministry of Law (Department of Legal Affairs), the then Election Commissioner observed as follows:
"It is difficult to understand the reasons why teachers of secondary and higher secondary schools most of whom are graduates are given a separate functional represent- ation in the Legislative Council while no such special treatment is given to the members of any other profession. The Commission has had many complaints that the teachers, the majority of whom are employees of Government or Government aided institutions, cannot vote freely at these elections and that pressure is brought to bear upon them from interested quarters. The Government of Madras have more than once recommended the abolition of these constituencies. The commission understands that the other State Governments who were consulted in the matter have also expressed similar views.
The Commission is accordingly of the opinion that the present position is anomalous and the special treatment given to teachers by providing separate constituencies for them should be discontinued"
2. But at that time, the Government did not accept this recommendation of Election Commission vide decision of the Government taken in its meeting held on 12-6-1957.
3. Again the Election Commissioner in a letter to Law Minister on 20-7-1960, reiterated his predecessor's view. In that letter, be observed as follows:
"Althouth Government did not accept this recommendation at that time, I feel that it deserves to be reconsidered. Apart from there being no justification for singling out the teaching profession for special treatment it seems to me undesirable that teachers should be dragged into party politics in this manner. The electorate itself is anomalous, in that it includes teachers in the lower classes of secondary schools but excludes teachers in the same class of Primary and middle schools. There is no strict definition of a secondary school in educational circle and State practice in this respect is also not uniform. There is the further anomaly that teachers in Government institutions are
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disqualified for standing for election in these constituencies, but those serving in institutions not directly run by Government are eligible."
4. In August, 1971, a specific reference was made to the Election Commission for obtaining their views afresh on the following points:-
(a) whether the Election Commission is in favour of abolition of teachers' Constituencies in the Legislative Council of the States;
(b) if the Election Commission is not in favour of the abolition of teachers' constituencies whether it is desirable to extend the voting rights to teachers of primary or elementary schools also.
5. The Election Commission had replied that there were no grounds for departing from the views expressed by them earlier. The Commission accordingly was still in favour of abolition of teachers' constituencies.