LET OPPOSITION BE INVOLVED IN NAMING OF ELECTION COMMISSION
“What the hell is going on in this country,” commented an exasperated Supreme Court last week as it expressed its indignation over the lack of government’s seriousness in bringing to book alleged black money offenders like Hasan Ali Khan. The Supreme Court was hearing the petition filed by Ram Jethmalani, Subhash Kashyap and KPS Gill.
A Bench comprising Justices B. Sudershan Reddy and S.S. Nijjar, warned the Government that it would be forced to monitor investigations into black money if the authorities kept viewing it as a tax evasion issue and failed to pursue the source of the illegal money stashed abroad.
The Bench further asked Solicitor General Subramaniam why Hasan Ali could not be taken into custody for interrogation and whether Government would like custodial interrogation under the Court’s supervision.
“What the Hell!” is certainly not a phrase one would normally expect from a Supreme Court Bench. But Government’s behaviour these days has been so abnormal, that if you go round the country and note the language you hear everywhere, it reflects nothing other than a sense of utter disgust over the manner in which Government has been conducting itself. The comments in the media are no different.
The news on Friday for instance about the Supreme Court striking down the appointment of P.J. Thomas as Chief Vigilance Commissioner carried in a leading Daily of the capital the heading:
“SC WAVED RED FLAGS BUT GOVT. HAD EYES WIDE SHUT”
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For several months now, one word that has been reverberating in every nook and corner of the country is the word ‘CORRUPTION’.
I have had to privilege of being active in all the General Elections in Independent India, right from the First one in 1952 upto the Fifteenth in 2009. And in almost all of these, opposition parties have attempted to make corruption a key issue. They have really succeeded on a national level only once, that is, in 1989, when on the Bofors Guns issue, the entire opposition climaxed their parliamentary protest with all Lok Sabha members belonging to Opposition Parties resigning their seats. In this case, the banner of revolt against corruption was raised not only by opposition leaders, but from within the Congress Party by Shri Vishwanath Pratap Singh.
It is, therefore, that in one of my interviews last week (Indian Express, New Delhi, Dated March 4, 2011), I have remarked that the Congress should consider itself lucky that there is no V.P. Singh in its ranks today.
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It is however the nation’s good fortune that there is today a Supreme Court extremely conscientious about its high constitutional duties. In fact the first major assault on this issue of corruption also was made by the Supreme Court way back in 1998 when in the Vineet Narain case Justices J.S. Verma CJI, S.P. Bharucha and S.C. Sen delivered a historic judgement.
It is by virtue of this judgement that the Central Vigilance Commissioner has become a statutory body charged with the responsibility of superintendence over the CBI’s functioning. It is again because of this S.C. judgement that the appointment of the Chief Vigilance Commissioner, which till then was within the authority of the executive government was made subject to selection by a Committee comprising the Prime Minister, Home Minister and the Leader of the Opposition in the Lok Sabha.
I understand that after sensing the Supreme Court’s displeasure over the nomination of P.J. Thomas as CVC, an attempt was made by some in government to make Thomas quit on his own. He however refused to do so. In New Delhi’s political circles it is said that a senior Minister advised him not to yield. Former Chief Justice Verma has written an article yesterday (The Indian Express) bearing the caption “Why I had no doubt the court would strike it down.” Shri J.S Verma says :
“The office of the Central Vigilance Commissioner is most important, in its task of overseeing the functioning of people in public office and tackling corruption wherever it is found. It is the crucial body entrusted with combating corruption. In that context, this turn of events — the Supreme Court having to strike down P.J. Thomas’s appointment — is indeed tragic.”
Chief Justice Verma’s decision to involve the opposition in an important appointment, which till then was the exclusive preserve of the ruling party set a precedent. When Parliament later enacted the Right to Information Act, the Leader of Opposition, Lok Sabha also was included in the Selection Panel.
India is the largest democracy of the world. Little wonder that Art. 324, dealing with the appointment, powers etc. of the Election Commissioner is deemed a very important provision.
Art. 324 (2) says:
The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
It would be very appropriate and a step towards strengthening democracy if the Supreme Court’s 1998 decision followed in the RTI Act is incorporated in case of the Election Commission also.
The phrasing of Art 324 (2) shows that this would not need any Constitution amendment. It would be achieved by an ordinary enactment. The earlier it is done the better.
L.K. Advani
New Delhi
6th March, 2011
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March 7th, 2011 at 6:19 am
Well said Mr. Advaniji.
I m quoting some of the suggestions putforth in an editorial from Express group magazine
(Dinamani - Tamil).
1)
The panel to elect Vigilance Commissioner should be extended to include
Supreme court Judge ,Chief Election commissioner, Speakers of Lok Sabha and Rajya Sabha,
Director of Intelligence Bureau,Inforamation high commissioner,Comptroller and Auditor General along with existing members PM,Home minister and Opposition Leader in order to prevent the misdeeds happening while appointing for these positions.
2)
Though the appointment goes by majority of panel, the reason for the rejection of opposition raised from any panel members should be well detailed.
3)
Appointment for such posts should NOT be confined to only government officials. It should be extended to members from society having clean image.
March 8th, 2011 at 7:43 am
Sir,
Let the opposition be involved in the entire governance process. The stakes involved in governing the nation are too much to be left to the wisdom of just a ruling party or a coalition. The judicial and political remedies against misgovernance currently available, become effective only long after the damage is done. Taking a leaf out of the principle of corporate governance, the concept of standing comittees etc., checks and balances have to be built in our political governance system like, the cabinet consisting of 50% representation of non executive ministers (without portfolio) drawn from opposition parties and eminent individuals etc. As we all know, even judiciary is not a remedy against wrong policies, if the policies per se are not illegal. Politicians and society has changed a lot since enactment of the Constitution. At this age, no person, party or a coalition can be given a long leash of 5 years to run the country without any such check and balances…
March 8th, 2011 at 3:25 pm
Respected Statesman Shri. L.K. Advani ji,
Pursuant to the wishes of the Statesman’s vision, on modifying Indian Constitution and its highest bodies appointment, by fullest degree of participation between the Government of India and leader of Opposition (lok Sabha), in trust of eradicating Corruption and error of Misjudgment.
Sir, I absolutely concur with your vision, which advocates for highest level of Parliamentary democracy or “Peoples Democracy”.
March 8th, 2011 at 3:26 pm
Sir, we the people of India have let-off MMS/Sonia Gandhi UPA government for last 7 years, The UPA Government is steadily getting worse to horrible. The Supreme Court expression of phrases ‘Hell’ and indignation over the lack of UPA’s seriousness, denotes the nation that the danger point may have reached, so as an Indian, I hope the statesman to prevent from the disaster (1975), not purely for ones sake but in national interest.
With little knowledge in vedic astrology, I can foresee, the statesman prophecy “Corruption issue can be catalyst for change”.
Namaste & well wishes
March 9th, 2011 at 4:53 pm
Sir,
Nice to see your ideas which can strengthen our countries democratic ideology where opposition too will have their say in almost in all decision taken to govern the country.
I think BJP’s leader in LS and RS are very much involved in parliamentary affairs and their complete concentration is to push central govt to be on right path. Unfortunately both of the leaders has been appointed as election strategist for those state which will be seeing very soon, so it seems that this will create a big vacuum between leaders and mass. State especially like TN and Kerala, which wants to see change, are left with no other option but to go out and vote for same old and corrupt govt.
So, its time that BJP must appoint some one else from core ideologist to take care of election affair in this 2 state. Gujarat CM must be appointed as strategist base don his spectacular performance in his own state, so BJP must take it serious and must assign task of micro management to Mr. Modi for this 2 state.
March 12th, 2011 at 7:14 am
Mr Advani Ji,
The situation in/of India is getting worsen day by day.
Its not only about corruption rather its about the mindset of the people who are reaching and sitting in the top of the country at the ministerial level.
If India has to develop then the government must have to take some hard steps which this SMS led government can not do.
we have to hit the government bit harder like we did in 2G case and in CWG. especially the 2G case was a win for us.
I request our MPs to create some pressure on the government which creates a check to the government ministers by committing these kinds of scams(2G, CWG etc) further. What happen if we are not in government, If our motive is to serve the country we can do this by sitting on the opposition sincerely.
March 13th, 2011 at 4:52 am
Respected Advaniji,
No amount of materialistic surface level structural Administrative improvements are likely to bring about an absolute purity from corruption in the election commission or even in the judiciary. Bharatiya spiritual culture demands a purity of an individual and the society in all the 3 features of Human behavior “Kaya,Wacha,Mane” i.e.Physical Body ,Speech,inner Mind .and reach a Divine Nature.No doubt it is a long road map, but this awareness is not seen any where nor it is welcomed.
The book “Integral sociology” deals with this issue as narrated by Kishore Gandhi based on Aurobindo’s philosophy and provides a higher solution and understanding . Integral sociology seeks to harmonize Earthly and spiritual fields of performance on the evolving levels of Divine consciousness (Kurukhetra and Dharma Khetra-Bhagvad Gita).
What efforts are being made by BJP on this dimensions?
My perception is that BJP is virtually walking the path of European materialistic political and social sciences and not the path of Lord Rama of Ayodhya at all.
Because, otherwise the selection of the election commissioner should have been designed on the basis of the demonstrated spiritual virtues and merits of the individual and not merely on the basis of evolving unholy compromises , between the ruling and the opposition parties.There are individuals approaching the Rishi qualities in the country,they have been ignored conspiratorially. The appointment purification exercise should start from the very post of the president of India and Chief judge of the Supreme Court and the Army generals as well as the research institutions etc.this improvement with come from the people of this country and not from the Present Parliament.
(Yeshwant Sane)
saneyr@mtnl.net.in
11-3-2011
March 13th, 2011 at 5:02 am
Respected Advaniji,
No amount of materialistic surface level structural Administrative improvements are likely to bring about an absolute purity from corruption in the election commission. Bharatiya spiritual culture demands a purity of an individual and the society in all the 3 features of Human behavior “Kaya,Wacha,Mane” and reach a Divine self Nature.No doubt it is a long road map, but this awareness has to be brought about.
The book “Integral sociology” deals with this issue as narrated by Kishore Gandhi based on Aurobindo’s philosophy.”Integral sociology” seeks to harmonize Earthly and Spiritual fields of performance on the evolving levels of Divine consciousness (Kurukhetra and Dharma Khetra-Bhagvad Gita).
What efforts are being made by BJP on this dimensions?
My perception is that BJP is virtually walking the path of European materialistic political and social sciences.
The selection of the election commissioner should have made on the basis of the demonstrated spiritual virtues and merits of the individual ;and not merely on the basis of evolving unholy compromises , between the ruling and the opposition parties.There are individuals approaching the ‘Rishi’ qualities in the country,they have been ignored. The purification exercise should start from the very post of the president of India and Chief judge of the Supreme Court ,seeking wisdom from the people of this country at large and not from the Present Parliament.
(Yeshwant Sane)
saneyr@mtnl.net.in
11-3-2011
March 13th, 2011 at 5:13 am
Respected Advaniji,
No amount of materialistic structural Administrative improvements are likely to bring about an absolute purity from corruption. Bharatiya spiritual culture demands a spiritual purity of an individual in all the 3 features of Human behavior “Kaya,Wacha,Mane”.No doubt it is idealistic long road map, but this awareness has to come.
Book “Integral sociology” deals with this issue by Kishore Gandhi based on Aurobindo’s philosophy.in the evolving levels(Kurukhetra and Dharma Khetra-Bhagvad Gita).
What efforts are being made by BJP on this dimensions?
My perception is that BJP is walking the path of European materialistic political and social sciences.
, it need not be merely on the basis of evolving unholy compromises , between the ruling and the opposition parties.There are individuals approaching the Rishi qualities in the country. The appointment exercise should start from the very post of the president of India.This improvement will come from the people of this country and not from the present Parliament.
(Yeshwant Sane)
March 13th, 2011 at 5:19 am
Respected Advaniji,
No amount of materialistic structural Administrative improvements are likely to bring about an absolute purity from corruption. Bharatiya spiritual culture demands a purity of an individual in all the features of Human behavior “Kaya,Wacha,Mane”.No doubt it is idealistic long road map, but this awareness has to come.
“Integral sociology” deals with this vide Kishore Gandhi on Aurobindo’s philosophy,in the evolving levels(Kurukhetra and Dharma Khetra-Bhagvad Gita).
My perception is ,BJP is walking the path of European materialistic political and social sciences.
, it need not be on the basis of evolving uneasy compromises , between the ruling and the opposition parties.The appointment exercise should start from the very post of the president of India.This improvement will come from the people of this country.
yeshwant sane