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Constitutional Validity of Death Penalty in India
Constitutional Validity of Death Penalty in India
PROJECT ON
SUBMITTED TO
DR.S.SUBBA RAO.,
J.V.VIVEKANANDAN
(Reg No.BCO150036)
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POLITICAL SCIENCE
ACKNOWLEDGEMENT
At the outset, I take this opportunity to thank my Professor DR.S.SUBBA RAO from the bottom of
my heart who has been of immense help during moments of anxiety and torpidity while the project
Secondly, I convey my deepest regards to the Vice Chancellor Arun Roy and the
administrative staff of TNNLS who held the project in high esteem by providing reliable information
Thirdly, the contribution made by my parents and friends by foregoing their precious time is
unforgettable and highly solicited. Their valuable advice and timely supervision paved the way for
Finally, I thank the Almighty who gave me the courage and stamina to confront all hurdles
during the making of this project. Words arent sufficient to acknowledge the tremendous
contributions of various people involved in this project, as I know Words are Poor Comforters. I
once again wholeheartedly and earnestly thank all the people who were involved directly or indirectly
during this project making which helped me to come out with flying colours.
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DECLARATION
I, J.V.VIVEKANANDAN (Reg No:- BCO150036) do hereby declare that the project entitled,
submitted to Tamil Nadu National law school in partial fulfillment of requirement of award of degree
in undergraduate in law is a record of original work done by me under the supervision and guidance
of Professor DR.S.SUBBA RAO, Department of Political Science , Tamil Nadu National law school
and has not formed basis for award of any degree or diploma or fellowship or any other title to any
J.V.VIVEKANANDAN
ROLL NO :- BC0150036
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INDEX
1. Introduction 4
2. Early life and education. 5
3. Film career 7
3.1. Child actress in film industry. 7
3.2. Profession as a glooming heroine... 7
4. Political career... 8
4.1. Jayalalitha as a budding politician. 8
4.2. Influential Leader of Opposition 9
4.3. First term as Chief Minister, 1991.. 10
4.4. Loss of power, 1996 11
4.5. Second term as Chief Minister, 2001. 12
4.6. Third term as Chief Minister, 2011 13
4.7. Disproportionate Assets case, 2014 14
4.8. Karnataka HC acquits. 15
4.9. Return as Chief Minister, 2015.. 15
5. Critical analysis of Jayalalithas political career.. 15
6. Honours 18
7. Conclusion 18
8. Bibliography. 18
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1. INTRODUCTION
Jayalalithaa Jayaram, known popularly as Jayalalithaa, Jaya or Amma was born on 24 February
1948. She is a female Indian politician and the incumbent Chief Minister of Tamil Nadu, in office
since 2015. Previously she served as Chief Minister from 1991 to 1996, in 2001, from 2002 to 2006,
and from 2011 to 2014. She was an actress before her entry into politics and appeared in 140 films
which include Tamil, Telugu, and Kannada films. She is the general secretary of All India Anna
politician, M.G.Ramachandran (MGR). This led to wide speculation, that at a later point of time
Jayalalithaa was introduced to politics by MGR. However, she has denied these claims and stated
that she had entered politics by choice. She was a member of the Rajya Sabha, elected from Tamil
Nadu, from 1984 to 1989. Soon after the death of MGR, Jayalalithaa proclaimed herself as his
political heir. She is the second female chief minister of Tamil Nadu after Janaki Ramachandran.
Jayalalithaa became the first chief minister in India to be disqualified from holding office due to
conviction in a disproportionate assets case on 27 September 2014. On May 11, 2015, the Karnataka
High Court acquitted Jayalalithaa in the disproportionate assets case, and she resumed office as
Chief Minister on May 23. She was subsequently re-elected by the electorate of the Dr.
Radhakrishnan Nagar constituency of North Chennai in a by-election held on 27 June 2015. This
project aims to make a detailed study on the political biography of J.Jayalalitha with a brief
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Jayalalithaa was born on 24 February 1948, at Melukote, in Pandavapura taluka, then in Mysore
State (now Karnataka) to Jayaram and Vedavalli in a Tamil Iyengar Brahmn family. Her
grandfather was in the service of the Mysore kingdom as a surgeon, and the prefix 'Jaya' ('the
victorious') was added to the names of various family members to reflect their association with
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Maharaja Jayachamarajendra Wadiyar of Mysore . Her mother called her Komalavalli.
Jayalalitha's father died when she was two years old. Her mother then moved to Bangalore,
where her parents lived, with Jayalalithaa. Her mother eventually began to work as an actress
in Tamil cinema, based in Chennai, having taken the screen name of Sandhya. While still in
Bangalore, Jayalalithaa attended Bishop Cotton Girls' School. She completed her childhood
education at Sacred Heart Matriculation School (popularly known as Church Park Presentation
Convent or Presentation Church Park Convent) in Chennai 2 . She excelled at school and was
offered a government scholarship to pursue further education. She won Gold State Award for
coming first in 10th standard in not just her school but also in Tamil Nadu. She appears not to
have accepted the admission offered to her at Stella Maris College, Chennai. She is fluent in
several languages, including Tamil, Telugu, Kannada, Hindi, Malayalam and English.
1
Wikipedia.org
2
Ibid.
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3. FILM CAREER
Her mother persuaded her to work in films when Jayalalithaa was 15 years old and was still in
school, taking assurances from producers that shooting would take place only during summer
vacations and that she would not miss her classes. She acted as child artiste in Shrishaila
Mahatme (1961) in Kannada. Jayalalithaa acted in an English language film, Epistle, released in
1961. She made her debut as the lead actress in Kannada films while still in school, age 15,
In 1969, in Tamil Conference held, she was given the tag of Kaviri Thandha Kalai Selvi. She has
been given on-screen credit as Kalai Selvi in most of her Tamil films since 1967.
In 1972, Jayalalithaa acted opposite to, Sivaji Ganesan as his pair in Pattikada Pattanama, and
she went on to win the National Film Award for Best Feature Film in Tamil in 1973. It fetched
her, the Filmfare Award for Best Actress too. Her performances in Chandradhoyam, Adimai
fetched Filmfare Award for Best Actress in 1966,1969, 1970,1972 and 1973 respectively. Her
other films with Sivaji Ganesan include Galatta Kalyanam and Deiva Magan; the latter holds the
distinction of being the first Tamil film to be submitted by India for an Academy Award for Best
3
Filmgyan.com
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Foreign Language Film4. She had 118 box office hits out of 125 films, between 1961 to 1980,
and she did the main female lead role in all such films. Jayalalitha made a brief appearance as a
4. POLITICAL CAREER
Jayalalithaa claims that Ramachandran, who had been chief minister for the state since 1977, was
instrumental in introducing her to politics. In 1982, she joined the AIADMK, which was founded
by Ramachandran. Her maiden public speech, "Pennin Perumai" ("The Greatness of a Woman"),
was delivered at the AIADMK's political conference in the same year. In 1983, she became
propaganda secretary for the party and was selected as its candidate in the by-election for the
Ramachandran fondly called as MGR, wanted her to be a member of the Rajya Sabha because of
her fluency in English. Jayalalithaa was nominated and elected to that body in 1984 and retained
her seat until 1989. Her success in her role as propaganda secretary caused resentment among
high-ranking members of the party. By engineering a rift between her and Ramachandran, these
members influenced Ramachandran to stop her writing about her personal life in a Tamil
magazine. Despite these machinations, she remained admired by the rank and file of the party.
In 1984, when Ramachandran was incapacitated due to a stroke, Jayalalithaa was said to have
attempted to take over the position of chief minister or the party on the pretext that his health
4
The Hindu
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would prevent him from the proper execution of his duties. She successfully led the campaign in
the 1984 general elections, in which the ADMK allied with the Congress.
Following MGRs death in 1987, the AIADMK split into two factions: one supported his
widow, Janaki Ramachandran, and the other favoured Jayalalithaa. Janaki was selected as the
Chief Minister on 7 January 1988 with the support of 96 members; due to irregularities in the
Legislature conduct by the speaker P.H. Pandian, who dismissed six members to ease her
victory, she won a motion of confidence in the house. However, Rajiv Gandhi used Article 356
of the Constitution of India to dismiss the Janaki-led government and impose president's rule on
the state.
Jayalalithaa contested the subsequent 1989 elections on the basis of being MGR's political heir
She was elected to the Tamil Nadu Legislative Assembly in 1989 as a representative of
the Bodinayakkanur (State Assembly Constituency). This election saw the Jayalalithaa-led
faction of the AIADMK win 27 seats and Jayalalithaa became the first woman to be elected as
In February 1989, the two factions of ADMK merged and they unanimously accepted
Jayalalithaa as their leader and the "Two leaves" symbol of the party was restored. On 25 March
1989, quoted as one of the worst incidents to have happened in the Tamil Nadu Legislative
Assembly, there was heavy violence inside the house among the ruling DMK party members and
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the opposition. Jayalilatha was brutally attacked and visibly molested by the ruling DMK
members in front of the assembly speaker on the behest of Chief Minister Karunanidhi5.
Jayalalitha left the Assembly with her torn saree and this scene created huge sympathy for her
and on the other hand people cursed the DMK leader and its member for meting out such
illtreatment on her. Jayalalithaa drew a parallel with the shameful disrobing of Draupadi in the
epic Mahabharata.
At the peak of the situation, when Jayalalithaa was about to leave the house, which is seen by a
section of the media as "not until I enter the house as a Chief Minister" 6. Though some
sections of media term it as a theatrics launched by Jayalalithaa, it got a lot of media coverage
and sympathy from the public. During the 1989 general elections, the ADMK allied with the
Congress party and had a significant victory. The ADMK, under her leadership, won the by-
In 1991, following the assassination of Rajiv Gandhi days before the elections, her alliance with
the Indian National Congress enabled her to ride the wave of sympathy that gave the coalition
victory. The ADMK alliance with the Congress won 225 out of the 234 seats contested and won
all 39 constituencies in the centre. Re-elected to the assembly, she became the first female, and
the youngest, chief minister, of Tamil Nadu, to serve a full term, serving from 24 June 1991 to
12 May 1996.
5
Frontline.in
6
Ibid.
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In 1992, her government introduced the "Cradle Baby Scheme". At that time the ratio of male to
female in some parts of Tamil Nadu was skewed by the practice of female infanticide and the
abortion of female foetuses 7 . The government established centres in some areas, these being
equipped to receive and place into adoption unwanted female babies. The scheme was extended
Her government was the first to introduce police stations operated solely by women. She
introduced 30% quota for women in all police jobs and established as many as 57 all-women
police stations. There were other all-women establishments like libraries, stores, banks and co-
operative elections.
The Jayalalithaa-led AIADMK lost power in the 1996 elections, when it won 4 of the 168 seats
that they contested. Jayalalithaa was herself defeated by the DMK candidate in Bargur
Constituency. The outcome has been attributed to an anti-incumbency sentiment and several
The wedding event of her foster son Sudhakaran, who married a granddaughter of the Tamil film
actor Shivaji Ganesan, was held on 7 September 1995 at Chennai and was viewed on large
screens by over 150,000 people. The event holds two Guinness World Records: one is for the
most guests at a wedding and the other is for being the largest wedding banquet.
Subsequently, in November 2011, Jayalalithaa told a special court than the entire Rs. 6 Crore
expenses associated with the wedding were paid by the family of the bride. There were several
7
Frontline articles.
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corruption cases filed against her by the ruling DMK government headed by Karunanidhi.
Jayalalitha was arrested on 7 December 1996 and was remanded to 30 day judicial custody in
connection with the Colour TV scam, which charged her with receiving kickbaks to the tune
of 10.13 crore. The investigation alleged that the amount through the TV dealers were routed in
the form of cheques to a relative of Sasikala, who had quoted Jayalalitha's residence as hers. She
earlier filed an anticipatory bail in the trail court, which was rejected on 7 December 1996. She
was acquitted in the case on 30 May 2000 by the trial court and the High Court upheld the order
Jayalalithaa was barred from standing as a candidate in the 2001 elections because she had been
found guilty of criminal offences, including allegedly obtaining property belonging to a state-
operated agency called TANSI. Although she appealed to the Supreme Court, having been
sentenced to five years' imprisonment, the matter had not been resolved at the time of the
elections. Despite this, the AIADMK won a majority and she was installed as Chief Minister as a
non-elected member of the state assembly on 14 May 2001. She was also convicted in Pleasant
Stay hotel case on 3 February 2000 by a trial court to one year imprisonment. Jayalalithaa was
acquitted in both the TANSI and Pleasant Stay Hotel cases on 4 December 2001 and the
Supreme Court upheld the order of the High Court on 24 November 2003.
Her appointment was legally voided in September 2001 when the Supreme Court ruled that she
could not hold it whilst convicted of criminal acts. O. Panneerselvam, a minister in her party,
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was subsequently installed as the Chief Minister8. However, his government was purported to
Subsequently, in March 2003, Jayalalithaa assumed the position of Chief Minister once more,
having been acquitted of some charges by the Madras High Court. This cleared the way for her
to contest a mid-term poll to the Andipatti constituency, after the sitting MLA for the seat, gave
India's first company of female police commandos was set up in Tamil Nadu in 2003. They
underwent the same training as their male counterparts, covering the handling of weapons,
detection and disposal of bombs, driving, horse riding, and adventure sports.
In April 2011 the AIADMK was part of a 13-party alliance that won the 14th state assembly
elections. Jayalalithaa was sworn in as the chief minister of Tamil Nadu for the third time on 16
May 2011, having been elected unanimously as the leader of the AIADMK party subsequent to
those elections. On 19 December 2011, Jayalalithaa expelled her long-time close aide Sasikala
Natarajan and 13 others from the AIADMK. Most of the party members welcomed her
decision, and on 2 February 2012, Tehelka magazine claimed that Natarajan and some of her
relatives were conspiring to kill her by poisoning her food over a period of time. The matter was
resolved by 31 March, when Sasikala Natarajan was reinstated as a party member after issuing a
written apology.
8
Wikipedia.org.
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On 27 September 2014, Jayalalithaa was sentenced to four years in jail and fined Rs 100 crore by
the Special Court in Bangalore. She was convicted in an 18-year-old disproportionate assets case
that was launched by Janata Party President Subramanian Swamy (now member of Bharatiya
Janata Party) on 20 August 1996 on the basis of Income Tax Department report on her.
Jayalalithaa's close aide Sasikala Natarajan, her niece Ilavarasi, her nephew and the chief
They were sentenced to four years in jail and fined Rs 10 crores each. Special Judge John
Michael D'Cunha convicted her to owning assets to the tune of Rs 66.65 crores (which includes
2,000 acres of land, 30 kg of gold and 12,000 saris) disproportionate to her known sources of
income during 1991-96 when she was chief minister for the first time. The verdict was delivered
at a makeshift court in the Parappana Agrahara prison complex in the presence of Jayalalithaa
and the other accused. She has automatically been disqualified from the post of CM and
legislative assembly of Tamil Nadu and is the first Indian chief minister to be disqualified. O.
Panneerselvam, a minister in her party, was succeeded as the Chief Minister on 29 September
2014.
On 17 October 2014, Supreme Court granted two months bail and suspended her sentence in
Disproportionate Assets Case. They have to appeal the petition on or before 18 December 2014.
On May 11, 2015, a special Bench of the Karnataka High Court set aside the trial court order
convicting former Tamil Nadu Chief Minister Jayalalithaa and acquitted of all charges in the
9
Times of india.com.
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case on 11 May 2015 stating that the appeal of Ms. Jayalalithaa have been allowed and was
being acquitted of all charges10. The judge also acquitted her associates - Sasikala Natarajan, her
niece Ilavarasi, her nephew and the chief minister's disowned foster son Sudhakaran. Now, her
acquittal by the Karnataka high court means she can assume the chief minister's post. It iss an
important milestone in Jayalalithaa's political career as this verdict decides her career. Former
Tamil Nadu Chief Minister Jayalalithaa has issued a statement saying truth and justice has
prevailed. Thanking God and the people of Tamil Nadu, Ms. Jayalalithaa said that the case was a
On 23 May 2015, Jayalalithaa was sworn in as Chief Minister of Tamil Nadu for the 5th time
after Karnataka High Court acquitted her from disproportionate case on 11 May 2015. She was
subsequently re-elected by the electorate of the Dr. Radhakrishnan Nagar (State Assembly
Constituency) of North Chennai in the by-election held on 27 June 2015. In a landslide victory,
she polled more than 88% votes of the 74.4% turnout, winning by a margin of over 1.6 lakh
votes.
Jayalalithas political influence of Tamilnadu began after the death of MGR. She prominently
came to power after the people were dissatisfied the rule of Janaki. She is known for her firm
attitude and determination and she had impressed the public with her strong governmental
10
Lawyersclubindia.com.
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policies. Though her attitude towards the opposition seems to be more arrogant, her diplomacy in
the recent times rewards her with additional attraction. Below is the table which depicts the
Oppositi
Vote
Yea Opposition Oppositi on vote
Constituency Result percenta
r Candidate on Party percenta
ge
ge
Muthumanokar
1989 Bodinayakkanur Won 54.51 DMK 27.27[72]
an
Bargur, Kangay
1991 Won 69.3 T. Rajhendher TMK 29.34[49]
am
E. G.
1996 Bargur Lost 43.54 DMK 50.71[49]
Sugavanam
Andipatti,
Nominatio
Krishnagiri,
2001 n
Bhuvanagiri,
rejected[73]
Pudukkottai
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Oppositi
Vote
Yea Opposition Oppositi on vote
Constituency Result percenta
r Candidate on Party percenta
ge
ge
In the recent times, Jayalalitha had successfully opened government-owned hotels where food
are available at low cost-AMMA UNAVAGAM. She has opened its branches almost in all
parts of Tamilnadu and the other states are keenly watching the successful working of the hotels
and to implement it in their own states. She had recently organized for a GLOBAL INVESTORS
MEET in Chennai where a lot of significant foreign companies were invited, to develop the
industrial sector in the state. She had given several concessions to the pregnant ladies and senior
citizens and her role in rehabilitation of Chennai and other coastal areas in Tamilnadu aftermath
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6. HONOURS
In 1972 Jayalalithaa was awarded the Kalaimamani by the Government of Tamil Nadu. She has
received several honorary doctorates and other honours, beginning with an award from
7.CONCLUSION
her efforts to eradicate the social evils like female infanticide, animal sacrifice. In the recent
times, her efforts to develop the state of Tamilnadu had not only taken the state but also her
dignity to great heights. However, certain people criticize her ruling as a dictatorship regime,
where the power remains solely in her hands. Nevertheless, she had impressed not only the
people of Tamilnadu but the people and leaders of the other states and had literally became a
8.BIBLIOGRAPHY
1. Wikipedia.org
2. Times of india.com
3. Frontline.in
4. Hindu.in
5.Lawyersclubindia.com
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