Tag Archives: Elections
Posted on 04 December, 2013, No Comments Comments admin
Narendra Modi’s speech at Jammu invited Omar Abdullah’s response. After a long time, Article 370 is being seriously debated in this country. An ill-informed debate had earlier linked the issue of Article 370 to a secular v/s non-secular debate. Article 370 has nothing to do with Secularism. My own study on the subject has revealed a very interesting dimension as to how Article 370 can turn into an instrument of oppression and discrimination against Indian citizens.
Article 370 is a special provision created only in relation to the State of Jammu & Kashmir. It is a temporary provision. It relates to the distribution of power between the Centre and the State. The Central List in relation to Jammu & Kashmir was a small one. Most powers vested in the State Legislature. If any power had to be transferred from the Centre to the State, it required the concurrence of the State. Article 370 states as under:-
370. Temporary provisions with respect to the State of Jammu & Kashmir
(1) Notwithstanding anything in this Constitution,
(a) The provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) The power of Parliament to make laws for the said State shall be limited to
(i) Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) Such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation :- For the purposes of this article, the Government of the State means the person for the time being recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948;
(c) The provisions of Article 1 and of this article shall apply in relation to that State;
(d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
Pursuant to the provisions of Article 370 (1) (d) the President of India by an order (not legislation) notified the provisions of Article 35A of the Constitution. The provisions of Article 35A read as under:-
35-A. Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu & Kashmir, and no law hereafter enacted by the Legislature of the State,
(a) Defining the classes. of persons who are or shall be, permanent residents of the State of Jammu & Kashmir; or
(b) Conferring on such permanent residences any special rights and privileges or imposing upon other persons any restrictions as respects:-
(i) Employment under the State Government;
(ii) Acquisition of immovable property in the State;
(iii) Settlement in the State; or
(iv) Right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provisions of this part.”
There are thus citizens of India who have not been conferred the status of State subjects. The phrase ‘State subjects’ and ‘permanent residents’ are used interchangeably. Millions of people migrated to India in 1947. Those who settled in other parts of India have all the constitutional guarantees available to them. They are entitled to all fundamental rights available under the Constitution of India to the citizens. The unfortunate ones who migrated to the State of Jammu & Kashmir have been conferred citizenship of India. They can vote in national elections. They can hold property anywhere in India. However, they have not been conferred the status of being State subjects under Article 6 of the Jammu & Kashmir Constitution. Being citizens of India, they are discriminated against. They cannot vote or contest elections of the Assembly, Municipality or Panchayats in the State. They cannot get a job in the State. They cannot acquire property in the state. Their children are not entitled to admission to colleges as State subjects. The bright ones amongst them cannot even get scholarship or any other type of aid from the State. Article 35A of the Constitution of India executively inserted pursuant to Article 370 (1) (d) excludes the provision of ‘this part’ of the Constitution. ‘This part’ of the Constitution refers to ‘Part III.’
The effect of this would be that laws inconsistent with fundamental rights would be valid qua these persons. These citizens of India are not entitled to the protection of Article 14 (equality), Article 15 (prohibition of discrimination on basis of religion, caste, race or place of birth), Article 16 (Equality of opportunity in matters of public employment and reservations), the fundamental rights under Article 19 including the right to free speech and the right to life and liberty under Article 21. They are not entitled to the freedom of practice and propagation of religion under Article 25. They are also not entitled to protection of interests available to minorities under Article 29 and 30. The non-State subjects, who are citizens of India, who live in Jammu & Kashmir by virtue of Article 35A, are denied these protections. The pre 2002 position in relation to daughters who marry outside the State that they would lose their right of inheritance is based on the authority to discriminate against citizens of India, between citizens of India and State subjects which Article 35A confers.
Should a provision like Article 35A which exists only because of Article 370 have place in any civilized society? It is oppressive against citizens of India. It is discriminatory and violative of fundamental rights. Article 35A was inserted in 1954. On a bare reading, it violates the basic structure of the Constitution. I wonder if its constitutional validity will be challenged at some point of time.
Posted on 03 December, 2013, No Comments Comments admin
Two years ago, the National Advisory council headed by Mrs. Sonia Gandhi submitted a draft bill known as ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations ) Bill’. This draft Bill was put on the net for consultation. I had written a strong critique of this bill amongst others on the ground that ‘law and order’ and ‘public order’ are State subjects and that the Parliament by enacting such a law would be encroaching on the domain of the States. The Bill was highly discriminatory since it discriminated against the majority and minority on basis of birth marks. It gave unguided power to authorities proposed to be created and loaded the redressal and accountability mechanism in favour of one community against the other on the basis of religion. In the meeting of the National Integration Council held in 2011, Chief Ministers cutting across party lines opposed this Bill on the ground that it would be destructive of the federal structure of the Constitution.
It appears that on the eve of the Lok Sabha elections, in order to polarize the country on communal lines, the Ministry of Home Affairs has again written a letter to the Sate Governments enclosing therewith revised draft of the Bill. There hasn’t so far been adequate consultation with the stakeholders.
Yesterday on 2nd December 2013 Dr. J Jayalalithaa, Chief Minister of Tamil Nadu has written a detailed letter to the Prime Minister voicing her strong opposition to this draft. The AIADMK leaders mentioned this in the All Party Meeting convened by the Government on the eve of the Parliament winter session. The Tamil Nadu Chief Minister has reiterated her opposition to this Bill. The letter mentions that ‘law and order’ and ‘public order’ are State subjects and several provisions of this Bill encroach on the federal structure of the Constitution. She has further mentioned that the provisions of this Bill were vague and could be subjected to serious abuse. She believes that the changes in the earlier Bill are cosmetic at the best and are highly objectionable. She reiterates that the words “ hostile environment” has been defined as “ creating an intimidating , hostile or offensive environment.” This itself could be subjected to different interpretations. She has stated that the manner in which Public Servants also could be targeted under this Bill may render their functioning almost impossible while trying to grapple with communally sensitive situations. The authorities sought to be empowered under the new draft could interfere in the functioning of the State Governments thereby undermining the relevance of the elected Governments. She concludes by stating that “However, the Government of India has been increasingly taking ill-advised, counter-productive and unilateral approach of attempting to create top-down structures and parallel authorities that encroach upon the constitutional domain of the State Governments”.
Even though the draft Bill has not been made public as yet, the Tamil Nadu Chief Minister has done well to initiate a Public debate on this issue. Her views appear to be logical, reasonable and in consonance with the federal structure of the Constitution.
Posted on 02 December, 2013, No Comments Comments admin
Yesterday Shri Narendra Modi and Shri Rajnath Singh addressed a huge rally in Jammu & Kashmir.
Jammu & Kashmir’s integration with India is an essential part of the ideology of Bhartiya Jana Sangh and now the BJP.
The BJP believes that Dr. Shyama Prasad Mukherjee’s vision of complete integration of Jammu & Kashmir was the correct vision for India.
The Nehruvian vision of a separate status has given rise to aspirations for the pre-1953 status, self-rule and even Azadi. The desire of proponents of these three ideas has weakened the constitutional and political relationship between Jammu & Kashmir and the rest of the country. The journey of separate status has been towards separatism and not towards integration. It would be incorrect for anyone to interpret BJP’s challenge for a debate on this issue as a softening of stand on Article 370.
The Anti daughter position in Jammu & Kashmir –
The State laws in Jammu & Kashmir were consistently interpreted for over five decades to mean that a daughter in Jammu & Kashmir would lose her status as a permanent resident of the State as also special rights and privileges available to her if she married outside the State. This was based on an erroneous belief that a wife followed the domicile of the husband. A large number of women in Jammu & Kashmir questioned the constitutional validity of this provision. A Full Bench of the High Court of Jammu & Kashmir by a judgement dated 7th October, 2002 re-interpreted the law and by a majority judgement held that a daughter marrying outside the State would not lose her status as a permanent resident. The National Conference government which was in power in the State was represented in this case by its Advocate General Mr. MA Goni who vehemently opposed the plea of the daughters.
The judgement records—
“Ld. Advocate General, Mr. MA Goni contended that a female descendent of a permanent resident of the state on marriage to a non-permanent resident of the state would lose the status of a permanent resident of the state and would not be permanent resident of the State as defined under section 6 of the State Constitution. He submitted that by marrying a non-permanent resident, a female descendent of a permanent resident of the State will not only lose the property which she may have acquired in the State before marriage as permanent resident of the state but she would also lose all special rights and privileges like employment in the State Government, right to scholarship or any other such privileges as the government may provide. He further submitted that the status of the wife or the widow depends on the status of the husband and in case she ceases to reside in the state and takes permanent residence outside the state she would lose the status acquired by marriage with a permanent resident of the State.”
This was the categorical position of the government of Shri Omar Abdullah’s party, the National Conference. Dissatisfied with this judgement, the National Conference government filed an SLP in the Supreme Government.
In the year 2003, the PDP Government in alliance with Congress Party was formed in the state. The PDP Government followed an alternative strategy. They withdrew the SLP and introduced ‘The Jammu and Kashmir Resident (Disqualification) Bill 2004’, which attempted to statutorily nullify the progressive majority view taken by the High Court. The Bill was enthusiastically supported by the PDP and the National Conference. It sought to withdraw the status of a permanent resident from a daughter who married outside the State. The Bill was passed by the Legislative Assembly.
Shri Atal Bihari Vajpayee, the then Prime Minister in March 2004, suggested that the State Government should find a solution to this problem. The PDP and the National Conference linked it to the upholding the special status of the State guaranteed under Article 370 of the Constitution.
After being passed by the legislative assembly, this Bill was taken to the Legislative Council. It ran into some trouble with the Chairman of the Legislative Council adjourning the House without voting and referring it back to the Assembly where it again got stuck. Recently, again moves have been made to re-enact the Bill.
In 2010, a PDP member again introduced this Bill as a Private Member’s Bill in the Legislative Council. Competitive statements have been made by leaders of the National Conference that they are committed to bring this Bill. Special status and Kashmiri identity have been pitted against Women’ rights.
Can the Chief Minister Shri Omar Abdullah ignore a dubious track record of his Party on this issue and indulge in discourteous tweets on the subject ?
It must be accepted by one and all that such discriminatory provisions which also compromise on the right to live with dignity have no place in Indian law.
Posted on 30 November, 2013, No Comments Comments admin
The campaign having concluded in other States, the entire concentration of the BJP campaign is now on Delhi Assembly polls. Every leader of the Party has visited several constituencies to address large public rallies and Karyakarta sammelans. The entire party has been participating in the campaign.
Where is the Congress campaign ?
Who are the Congress campaigners ?
Some people look good only when the going is good. That is a more apt description of the central leadership of the Congress party. After the fiasco at the Virat garden, Ambedkar Nagar, Rahul Gandhi has not endeavoured to hold another meeting in Delhi. He has ignored the Delhi campaign.
Mrs. Sonia Gandhi has addressed a solitary rally in Delhi.
Dr. Manmohan Singh was scheduled to address a rally today which was cancelled on account of his other important engagements.
It seems that central leadership of the Congress Party has virtually written off Delhi and is not actively participating in the Delhi campaign.
Mrs. Sheila Dixit appears to be going about it all alone.
Even in publicity over the radio, outdoor advertising and newspaper advertisements, the Congress campaign appears to be both subdued and confused. It is this inactivity which is likely to add to the BJP’s advantage.
The Aam Aadmi Party is also endeavouring to find a space for itself from the vacuum that Congress has created.
The lowest percentage of votes that the Congress in Delhi received i.e. 33% , was in 1977.
I reiterate that in this Assembly elections the Congress will fall much below even that figure.
Posted on 29 November, 2013, No Comments Comments admin
I have earlier commented that the Congress Party is unable to deal with Narendra Modi. The Congress‘s undeclared Prime Ministerial Candidate is making no impact. It has therefore resorted to some of its leaders confining themselves to tweets and press conferences.
Modi in the meanwhile continues to tour the entire country. His audience response has been unprecedented. I have in the last two decades after the expansion of 24*7 satellite TV, seen a lack of interest in public rallies. Narendra Modi’s public meetings have revived that interest. The environment at the rallies is electrifying.
Governmental authorities have denied to him the permission to hold rally in the Chief Minister’s constituency at Sarojini Nagar, Newdelhi. Prime Minister’s rally scheduled for Delhi has been cancelled so that comparison can not be drawn with Modi’s rally on the same day.
I have earlier mentioned that the dirty tricks department of the Congress has used disgruntled police officers and civil servants to make baseless allegations against Modi. Even that doesn’t seem to be cutting ice.
An important publication which was used in the past for more than a decade to carry on anti-Modi campaign appears to be collapsing under the weight of its own immorality.
A large number of NGOs with invisible funding which had made a living out of keeping anti-Modi litigations alive in Courts have not so far succeeded in bringing out any material evidence against him.
What does the Congress Party then do ? Suddenly a series of Websites have appeared with some stories and some non-stories.
Anti-Modism is no longer merely a political philosophy. It is also commerce. Some of these websites are making a mountain of what is not even a molehill. The dirty tricks department of the Congress continues to commercially flourish. It is a different matter that even the tricks are failing to spread the dirt.
Posted on 28 November, 2013, No Comments Comments admin
I have returned today after campaigning in Rajasthan. The voters of Rajasthan are yearning for change. They find the Chief Minister of the present state government as non-inspirational. He lacks dynamism necessary to give push to a state like Rajasthan which otherwise has very high potential. The Congress government in Rajasthan remained non-functional for more than four years. In the last few months it did try to come out with some populist measures. By that time, it was too late. Rajasthan remembers the decisiveness of Smt. Vasundhara Raje. Her capacity to push development initiatives is praised by many. She unquestionably remains the most popular political personality in the State. Her meetings have been well responded to. Shri Narendera Modi’s extensive campaigning has given to the BJP the cutting edge that it needs for Rajasthan. The Congress suffers from a bad image. A large number of Ministers and MLAs have been arrested for allegations relating to sexual abuse charges. A beleaguered Congress is hardly likely to pose a serious challenge to the BJP.
I have campaigned in all the four States going to poll other than Mizoram. I find the audience response in public rallies in Rajasthan most electrifying. The environment of political rallies gives you an idea about the things to come. For the BJP, Rajasthan may give a better than expected results.
Posted on 26 November, 2013, No Comments Comments admin
The Delhi Unit of the BJP has released its manifesto for the forthcoming assembly elections. I had an opportunity to be present at the function where the manifesto was released by Shri Vijay Goel and Dr. Harshvardhan. The manifesto is a well drafted document which promises to improve the quality of life of the citizens of Delhi and provide a cushion to them against the uncontrolled inflation.
Delhi elections conventionally have been bipolar. There are several small political parties whose area of influence is somewhat limited. At best, they act as spoilers. This time the Aam Aadmi Party is making its debut. It is hoping to open up its’ account in Delhi.
The Congress in Delhi suffers from double anti-incumbency. Price rise, mismanagement of the economy, a large number of scams, a weak central government on issues of internal security are all areas which are impacting on the psyche of the voter in Delhi. The Congress suffers from a leadership crisis at the Centre. A non-performing government led by an indecisive leader has unquestionably disillusioned the people. The new leadership for the Congress that the Congress promises is non-inspirational. A local anti-incumbency against the State government is predominantly on account of corruption resulting from innumerable Lok Ayukta reports against the State government. A huge increase in the electricity and water tariff and inadequate amenities in very large part of Delhi have created popular anger. I anticipate that the popular vote in support of the Congress Party will hit a rock bottom. I won’t be surprised if the Congress’s share of popular vote falls to the lowest ever it has received in any State election since 1952.
The Aam Aadmi Party is thriving on publicity and cynicism. Its electoral base is narrow. Its political style is adventurous. Recent disclosures indicated that the facade of morality put up by its leaders is unconvincing. Its leaders and candidates have been seen discussing helping people to eject occupants from properties, settling financial disputes and participating in demonstrations against business rivals. This is indeed a ‘rent a cause’ party.
The BJP has gained in the present political environment. Dr. Harshvadhan’s leadership has provided it a leader with credibility and integrity. The fact that he is a professional has added to his stature. I foresee a convincing victory for BJP in Delhi.
Posted on 24 November, 2013, No Comments Comments admin
How does the Congress party deal with Narendra Modi? It is a question that the party is unable to answer?
In Gujarat, the party has flip-flopped. Either they are very aggressive against him or alternatively they pretend that he doesn’t exist. In the 2012 state assembly elections they could not project a leader to match him. They hired a young brand Ambassador to counter him.
This dilemma obviously continues in Delhi. Rahul Gandhi is no match. The Congress is on the back foot as far as the leadership battle is concerned. Today it is under the impression that tweets, taunts and press conferences of its’ second row leaders will match Modi. This hasn’t worked. They are back to their old game of detecting a disgruntled police officer or a civil servant and getting him to make absurd charges. This didn’t work when Sanjeev Bhatt did it. It won’t work with Congress party’s newly discovered suspended civil servant doing it.
Posted on 23 November, 2013, No Comments Comments admin
I spent the last few days in Madhya Pradesh campaigning for the BJP. The response was extremely encouraging.
In 2003 I was in-charge of the Party’s campaign in Madhya Pradesh. The Congress had been in power for 10 years. The state was in bad shape on all developmental parameters. The roads of Madhya Pradesh were the worst in the country. Electricity supply was for a minimal period. There was huge shortage of water both for domestic consumption and also for agriculture. There was barely any investment being attracted to the State. The Party wanted to get back to the basics. Our election slogan was ‘Bijli, Sadak, Pani’ which was described by the media as the BSP campaign. There was a huge anti-incumbancy against the Congress. The BJP scored a record victory getting three-fourth majority in the State.
The credit for good governance today goes to Shri Shivraj Singh Chauhan. He is a picture of humility, discipline, and compassion. He has maintained utmost social harmony in the State. Today Madhya Pradesh can boast of an exceptionally good road network. Most areas of the State are connected with excellent roads. Sub-urbanizations is taking place in a big way. The inter-city connectivity has hugely improved. Electricity in the State is now available 24 hours a day. Electricity for agricultural purposes is also available for several hours. The irrigation schemes are expanding in a big way. Local irrigation programmes, connectivity of river waters to dry districts is improving. Madhya Pradesh today has become the largest producer of foodgrains in the country.
The State’s Budget has increased five times. The enrichment of the State is evident from the fact that GDP of the State is growing by double digit. The social sector schemes for poverty alleviation are exceptional. Distribution of the resources of the State to the weaker sections is helping to reduce the poverty levels.
It is this performance of the State Government and the image of the Chief Minister, Shri Shivraj Singh Chauhan which is going to steer the BJP to a decisive victory in the forthcoming assembly elections.
Posted on 22 November, 2013, No Comments Comments admin
Yesterday, I happened to glance at the Television debates on the serious charges made against Tarun Tejpal. Regretfully, some participants provided an escape route for the accused. They argued that the victim has a freedom of choice whether to pursue her complaint before the in-house inquiry or pursue the criminal investigation.
A criminal offence is a crime against a victim. It is also a crime against society. This is precisely why the ‘State’ pursues a criminal action. The public exchequer pays for it. There is a larger public interest in punishing a criminal. A departmental or an in-house inquiry and a criminal trial complement each other. They are not alternatives. Punishing an offender acts as an deterrent in the larger interest of the society
It is the duty of one and all to encourage victims to depose truly and faithfully. Public interest must always prevail over private embarrassments. The ‘alternative option’ theory is an accused-friendly approach.