The Delhi High Court on Wednesday refused to restrain cricketer Sachin Tendulkar from taking oath as a Rajya Sabha member on a PIL seeking quashing of his nomination to the Upper House.
The court, however, asked the Centre to respond to the PIL by July 4, the next date of hearing.
A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw dismissed the application for stay of Sachin’s oath ceremony, but asked Additional Solicitor General (ASG) A S Chandhiok to seek instructions from the government and inform the court by the next date of hearing on the PIL.
“How is this sports category covered while nominating a sportsperson to the Rajya Sabha?” the bench queried and asked the ASG to reply on this issue.
Mr. Chandhiok argued that the power has been exercised by the President of India and the court cannot interfere in the matter.
The petitioner Ram Gopal Singh Sisodia, a former Delhi MLA, had challenged the nomination on the ground that Sachin does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
Appearing for the petitioner, advocate R K Kapoor submitted that the Constitution allowed the government to select from only four categories — arts, science, literature and social science. The selection of a sportsperson was unconstitutional, he said.
On May 14, the Supreme Court had refused to quash 39-year-old batting maestro’s nomination to the Upper House and had asked Mr. Sisodia to rather approach the high court with his plea.
In his petition, the former Delhi MLA had raised several questions, including whether a person can be nominated as a Rajya Sabha member under clause 1(a) read with clause (3) of Article 80 of the Constitution even if he does not have special knowledge or practical experience as enumerated.
The petition has asked if a nomination made beyond the categories as specified under Article 80 (3) is not liable to be declared as an invalid and illegal nomination?
“That in view of these facts and circumstances, the petitioner has filed the Civil Writ Petition before this Hon’ble Court since there is a clear violation of the provisions of Article 14 (equality of law), 16(1) (equality in public employment), 51A (fundamental duties), read with Article 300 A (persons not to be deprived of property except by law) and Article 80 of the Constitution,” the petition has said.
Making a reference to certain financial rights and other privileges of members, it has said, “Tax-payers money cannot go into the pockets of those who are not eligible to be nominated as members of the Rajya Sabha. The petitioner is an income-tax payee and the money contributed by citizens must be spent for constitutional purposes only.”
Keywords: Rajya Sabha nomination, Sachin Tendulkar, PIL
The concern is very much legitimate by the writer, plus on moral
ground of responsibility sachin should not accept this. how can a
active player can constructively contribute to the working of highest
legislative body.it somehow belittle the importance of such an
important work.
As an E-Democracy activist I agree that the Constitution section 80 allows only arts, science, literature and social science. Also the ruling party takes credit for this nomination normally- so Sachin in normal course will need to be sympathetic to Congress.This is a God sent(BABA sent)opportunity for Sachin as well as Politicians to make his Parliament entry on non-party lines Instead of appointing him by Presidential nomination ALL the Parties in Parliament should request him to stand in any Election unopposed- what a pride it will give to Sachin rather than this partisan route.
It is my personal view that game and sports comes under art and if
it is not art then what is it's category.Is it science? So the selection
of Master blaster Sachin is not illegal.Maybe for someone it is not art
but they will have to prove why the sports is not art.
Its really being shocking that how a government can miss the constitutional clause prior to announcing the nomination of Sachin Tendulkar as a Rajya Sabha member.. Lets wait for a response from the Government on this matter. What story they have to reveal
by the time you guys review and put our comments, the news is going to be old.. Obviously nobody is gona read.. It doesnt serve any purpose.. Allow users to comment and post imdtly.. like you can see in www.yahoo.com.sg.. There is an option to report abuse also.. You may also include such option.
Rules below can only apply to your articles.. Pls dont expect us to be so formal as well..
If this doesnt suit you, then I suggest dont have a Comment box.. Atleast it doesnt look like nobody visited your website as there are no comments at all..
By the way, I love "The Hindu" eversince I started reading it in late 80s.. I really do but your website doesnt look that attractive.. May have to make it better..
All the above are just suggestion.
Playing cricket or any other game which brings laurels to the Country as a whole is an Art, hence, the decision of our Hon'ble President of India is correct.
The nomination of Sachin Tendulkar as Rajya Sabha member does portray
the callousness on two counts--the Congress led UPA wants to gain
populism and the Presidency does not ask for clarification of
Constitutional provisions. It's the duty of the Government to clarify
that Sachin Tendulkar comes under (any of)the categories (Literature,
science, art and social serviceas)as mentioned in Article 80 of the
Constitution of India.
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