Chief Election Commissioner S.Y. Quraishi has written a strong letter to President Pratibha Patil complaining against Union Law and Justice Minister Salman Khursheed for challenging the Commission on the “nine per cent sub-quota for minorities issue” even after being censured by it.
Mr. Quraishi sought her “immediate and decisive” intervention to ensure that the Election Commission (EC) discharged its functions and duties in accordance with the Constitution and law in Uttar Pradesh, where the Assembly poll is being held.
The President has forwarded the complaint to the Prime Minister's Office for “appropriate action.”
Mr. Quraishi, who chaired an emergency meeting with Election Commissioners V.S. Sampath and H.S. Brahma on Saturday and took the decision to write the letter after watching the Minister's challenging speech in the TV channels, told The Hindu that the letter was delivered to the President's office through a special messenger.
Mr. Khursheed, while addressing an election rally in the Khatakpur locality of Farukkhabad in Uttar Pradesh on Friday night, referred to the EC's censure, and said that he would pursue the line of his earlier announcement (on 9 per cent sub-quota within 27 per cent reservation for OBCs in jobs and education) irrespective of what the EC directed.
Mr. Quraishi, in his letter, claimed that the Union Minister “goes on to say that he would stick to his line, even if they hang me.”
The EC had found the tone and tenor of Mr. Khursheed “dismissive and utterly contemptuous about the Commission's lawful direction to him, besides the fact that his action is damaging the level playing field in the election.”
“The EC finds it necessary and unavoidable to turn to you [President] at this juncture for immediate and decisive intervention so that the ongoing general election to the U.P. Assembly is conducted, and EC discharges its functions, in accordance with the Constitution and the law.”
Mr. Khursheed's latest speech created a “disturbing situation” on the EC's earlier decision (censure). “The EC is shocked that instead of being remorseful about the violation of the model code, which carries the consensus of all political parties and the sanction of the Supreme Court, the Minister has chosen to be defiant and aggressive. This is unprecedented.”
The Commission felt that Mr. Khursheed's action (speech) could vitiate a free and fair poll in Uttar Pradesh.
“The EC is perturbed because the undermining of its constitutionally mandated duties has come from the Law Minister who has a direct responsibility to uphold and strengthen the EC rather than to denigrate it.” Hence, we find the immediate need to draw attention of the executive to the fact that the onus of holding free and fair polls falls on all organs of the State.”
The EC was quite concerned that the delicate balance of functions between constitutional authorities had come under a strain, because of his “improper and unlawful action.”
Keywords: Salman Khursheed- EC row, quota issue
Comments:
The Congress is treading dangerous ground by playing vote bank politics. The country had one partition and could have another if this sort thing goes on.
A new stage has come that the UPA is trying to go against the lawful
functioning of EC regarding the implementing model code.Similarly the
UPA is trying to escape from the SC decision of the cancellation of 2G
spectrum licences.If GOI is trying to escape from EC and SC decisions
there is going to be new problems in the running of a Government in
India. Let us learn from the up-rises that are happening all over the
World. We should guarantee the functioning of the Indian Constitution.
Nobody is above the Indian Constitution.
The President has sent to the Primeminister's office where the EC's objection will rest in peace till the next election.Great
EC should have taken some action like banning Mr.Kursheed from campaigning.Instead it has gone to President who has forwarded the letter to PMO.PMO will take its own time and ask Attorney General's opinion and AG will say nothing wrong.By the time elections will be over.
The honble law minister should have been very careful in expressing the views contravening the code of ethics pending the elections in a state. The government in office and the leaders of all political parties are expected to maintain high sense of decorum, and departure from the settled rules vitiate election results. India has emerged as the most Populous democracy in the world and the election commissioners all along have done a commendable job in the past. This past has contributed in no small measure, to project India to the outside world , and those holding high offices should be extra careful to retain The good image for ever.
The election commission has failed to maintain the basic decency of maintaining confidentiality of the contents of its letter to the President. It was not proper for the election commission to make public the contents of its letter to the President. The Election could have just declared that it had written to the President complaining against the continued violation of poll code by the Central Minister and sought her intervention in the matter. The communications between the highly responsible constitutional authorities should be confidential and not made public. It is unfortunate that basic decencies or courtesies are not being observed even by the persons holding high offices. Considering the seriousness of the issue, the Commission Members could have even met the President and expressed their feelings directly to her.
What more certificate is needed for the PM's lack of control on his errant ministers than this irresponsible Law Minister s lawlessness.If any tears are needed from UPA Chairperson it is on the UPAGovtt's lawminister's behaviour and not on law minister s irresponsible statement on Batlahouse encounter twisted version for vote bank politics .When will this communal minded politics end in this country?
1. Why ECI has NOT mentioned the "specific Condition of Model Code of
Conduct" Khurshid has violated?
2. Repeatedly he has referred to"Pasmand Muslims"(Backward Muslims
duly approved and included in the list of OBCs) and NOT the entire
Muslim community in India!
The final line says it all! 'because of his “improper and unlawful action.”', pathetic and comical! especially when it was used for the 'Union justice and law minister! Salman Khursheed should have atleast respected the post he is holding! Doesn't the law minister know the election laws? Ofcourse it is nothing but election gimmick, but in the process he has insulted and challenged the law of the land, and when one finds a Union Law and Justice minister doing it, just one word comes to the mind, DISGUSTING....
There exist a lot of disorder in political and administrative circles in India especially due to failure of civil services and severe level of poverty & illiteracy among people. The latest events in AP have indeed are good for democracy and Civil servants are now trying their best to work as per rule book and not as per the whips and whims of their political masters. If all civil servants, constitutional heads and courts work sincerely to rule book, no doubt, India is bound to develop for better.
Since before 1947, the Indian National Congress established the ground rules for Indian politics and set the example for Indian politicians. It is the objective of every politician to rise above the law and turn every institution into a mockery. The Election Commission is no exception.
Mr. khurseed's defiance of a constitutional body like EC is typical arrogance shown by UPA-II ministers. In past also other Mr. kapil sibal publicly dismissed CAG report, another constitutional body and also the PAC report was scorned at. After that the social networking site controversy and the ramlila maidan drama. Recently Mr. jaiswals comment about rahul gandhi remote controlling UP CM is another example of arrogance. Dont know where the country is headed to if the sense of responsibility in executives is diminishing.
Being fully aware of the fact that seeking votes on the basis of religion through stoking the flames of communalism by making speeches bordering on hatred and intolerance and making promises that would go against constitutional provisions, the law minister has made a mockery of our democratic traditions which envisages a level playing field to ensure a free and fair poll process so that the people of this nation can exercise their franchise in an atmosphere that is devoid of fear and bias. By issuing a promise of 9% quota for the minorities even before the release of the party manifesto and the nature of 'even if they(EC)hang me' speech smacks of dishonesty and impertinence on his part.'Appropriate action' has to be taken against him for denigrating the sanctity of the constitution and for violating the moral code of conduct, the show cause notice of the election commission is justified.
It looks from the way the Chief Election Commisioner is not exercising the power and the election commisioners also are not taking the appropriate action complaining to prime minister and president it looks these election commisioners are not constitutional authority but a civil servant scurrying favor from the governement the standard set by the previous chief election commisioner Mr. Sheshan is being diluted with this election process it looks the politicians have successfully diluted the constitutional authority
Something is seriously wrong with our political class. Only the other day we saw ministerial gross indiscretions in the Karnataka Assembly that led to their resignations; it is now followed by a cabinet minister openly challenging the EC, saying that he will repeat his statements even if he is hanged not only shows that the minister has gone berserk and that he has contravened blatantly the oath he has taken while assuming office. He has contemptuously treated the constitutional authority, the Election Commission. Worse still the minister concerned holds the law portfolio. This is the first time since independence that such a gross contempt and disobedience to a constitutional authority has been committed. It is expected of the President to ask the OPM to ask for the minister’s resignation forthwith; if he heisitates to do, he should be sacked. The nation will watch carefully how the President and the Prime Minister act in these sordid and wanton misbehavior. Election is vitiated.
It needs to be stopped right now, before we lose the public's faith in the capability and capacity of the E.C. to conduct free and fair elections and enforce strictly the model code of conduct. This incident is not only dangerous and corrosive of democratic values, ethics and violative of constitutional order, but this is also a reflection of the abysmal depths of moral corruption, which many politicians appear to be competing with each other to stoop to.
Faith in constitutionally established organizations is achieved with great contribution, effort and sacrifice of government servants, and motivated citizens, who brave adverse weather conditions, anti-social elements, and other threats, to make sure that elections are held in a free and fair manner. A blatant violation of the sanctity of this institution can not and should not be tolerated to any extent.
Lamentable to denegrate the EC by the Law Minister of the regime. The Congress leadership is responsible for the misgovernance of the country. Senior citizens of this country have not seen or heard such criminal activities of the govermenment, ever before. Poor aam admi is solely depending on the media and the opposition to retrive the non governance from the caste based Congress.
The minister did the wrong thing and the EC did the right action. Still the Minister who is constitutionally assigned the job to ensure the maintenance of law and justice in the country is shamefully sticking on his erroneous position. The people in the country is witnessing the fence itself eating up the crop. The only way out before the nation is remove such a fence to save democracy in our country. We the people in India is eagerly watching the future course of action on the controversy.
Now this is height of arrogance of Law minister Mr Salman Khurshid.Such violation of code of conduct is not expected from Our M.P's especially Law minister.EC has taken strict move now.Let's see what Prime minister do. EC should be provided with more powers so that he can punish on his own.
As Mr.Khursheed is a law minister, he should be immediately sacked,
since he is not abiding to law. It seems , President will not take any
action nor P.M. EC can take action , but I doubt , EC will take any
action. Can somebody go to Supreme court. Muslims are not the only
poor in India , but Hindus are also poor to the larger extent.
Such blatant floating of rules goes on to show that if ungoverned by
the judicial branch, those in power will do just anything to get back
in power. I don't remember the judicial branch of India ever being so
strong, ever enforcing so many rules / laws against a ruling party or
opposition. It is a shame that it has all come down to "anything for
power". Worse in this case is the minister who is doing it holds the
law offices. Kudos to EC, Supreme Court, Office of the Comptroller and
Auditor General of India - if anyone deserves a Bharat Ratna, it would
be these noble souls holding these offices - for without them, such
rampantly corrupt politicians would have sold the idea called India
for money.
Congress Ministers are not worried about Muslims but about the future
of Rahul Gandhi as this UP election is a make or break election for
him. Anyways, long time congress loyalists like Khurshid understands
that loyalty is very well rewarded in Congress. Even if he had to
resign he will emerge as a governor of any of the states if not
president in long run.
18% Muslim votes in UP hold the key for victory and congress would go
to any extent to manipulate and exploit Muslim psyche as they have
subtly done in case of Salman Rushdie's visit to Jaipur Literary
Festival. Not a single Muslim bothered when Rushdie visited India in
2007 but this time the artificial hype was created only to assure
Muslims that Congress will 'protect' you.
I sincerely wish Muslims realize this superficial love and vote
accordingly.
Salman Khursheed has proved to all, one thing, loud and clear. Giving constitutional Authority status - whether to EC, or to the proposed Lok Pal is not of any use - until - you give them, real, independent power to prosecute ANY ONE FOR violations of Law.
There was a time when our freedom fighters laid down their lives in return of nothing. Today our leaders just "talk" of giving their lives for gaining political mileage and votes. Everyone is allowed to express himself in democracy but this religion/caste based policies are going to land us nowhere. The Law minister showing no respect to the authority of election commission is highly irresponsible and incorrigible.
This is quite unfortunate that a union minister is involved in what can be called nothing more than a political gimmick.It's breach of oath taken by him as a minister to uphold the constitutional values.It is one more evidence of how populism rather than values,statesmanship and conscience reign and rule the politics.
Another classic example of the UPA Govtt's scant regard for constitutional functionaries.Earlier it was on the Comptroller and Auditor general.Now comes a contemptuous and most reprehensible behaviour by the Law minister's shocking assertion and defiance of the election Commission when it is his duty to defend the constitutional authority.There is a tamil saying that the fence is eating the crop instead of protecting and it suits the Law Minister's behavioural hiccups.
Mr.Netrikkannyayman, As Muslims are considred to be casteless, the term 'backward muslims' should mean economically backward. No harm is giving any sort of help by way of reservation or otherwise to economically backward people. In fact it should be welcome. This criteria should include other religeous communities also. More importantly Hindus.
This is the communal face of congress. They are more communal than BJP and others. This shows how far they can go in states where they are dying.