Article 324 deals with Election Commission. It states, among other things, â€œThe 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 fixâ€¦â€ CEC is enough. ECs are optional. For a long time India had only CEC. In 1989 Rajiv Gandhi government appointed two ECs. Rajiv Gandhi was unhappy with R. V. S. Peri Sastry. When V. P. Singh government came to power they removed the two ECs. When T. N. Seshan became CEC he took decisions that favoured Congress. Janata Dal wanted his removal. P. V. Narasimha Rao promised that but did not keep his promise. Later T. N. Seshan became a problem for Congress. Then Congress government appointed two ECs. As the governments changed they continued with Election Commission as a three-member body. They promoted ECs as CECs and brought as ECs people who thought were suitable for them. Sometimes the calculations went wrong.
Tag: Constitution of India
Rajya Sabha nominations
Rajya Sabha nomination is not an award or a prize or a title. Article 80 of the constitution prescribes that a person to be nominated to Rajya Sabha should have special knowledge or practical experience in respect of literature, science, art and social service.
Over the years many people have been nominated to Rajya Sabha in violation of the constitution. Mani Shankar Aiyar lost Lok Sabha election, he was nominated. Kuldip Nayyar was a journalist. Fali Nariman was a lawyer. Chandan Mitra, Shobhana Bhartia and Cho Ramaswamy were journalists.
Church and Better India
Catholic Bishops of India had met in Bangalore on 1-8 February 2012 and after having reflected on â€œThe Churchâ€™s Role for a Better Indiaâ€ have given their message. They have quoted the Preamble of the Constitution, talked about Indiaâ€™s condition, what the Church has done and what the Church intends to do.
Bishops should know that the words Socialist Secular were not part of the Preamble when the Constitution was adopted on 26/11/1949. They were added by 42nd Amendment in 1976 which came into effect on 1/3/1977. Bishops should be inspired by the Bible and not the Constitution.
Consenting adults and law
There are people who say what consenting adults do in private should not be covered by law. This is mainly in reference to Section 377 of IPC which is under litigation in Supreme Court.
By that logic prostitution, sale and purchase of narcotics and psychotropic substances and illicit liquor, corruption, polygamy, transmission of pornographic material and many others matters that take place between consulting adults will be out of the scope of law. Drug traffickers can claim they have right to life and liberty to sell heroin, marijuana and such things to consenting adults in private and they have right to equality. The state will have no right to legislate on marriage, divorce, alimony and child custody. Also concubinage, live-in relationship and palimony will be out of the legal purview.
On 29/12/2011 Rajya Sabha was to vote on the Lokpal and the Lokayuktas Bill, 2011. It was adjourned sine die without vote. Parliament was called to sit on 27, 28 and 29 of December 2011 to pass Lokpal Bill. Lok Sabha passed it. Rajya Sabha did not.
Winter session was supposed to end on 22/12/2011. Anna Hazare had announced his three days fast beginning on 27/12/2011 if the bill had not been passed by then and thereafter three days of jail bharo andolan. If the Parliament passed Lokpal Bill by 22/12/2011 India Against Corruption would have observed gratitude day and held thanksgiving party on 27/12/2011. Winter session saw many disruptions and waste of many days. Many parties changed their positions on Lokpal Bill. There were 17 dissent notes in the standing committee report. There was all party meeting.
Impeachment and Removal
Nowadays there has been lot of talk impeachment of Justice Soumitra Sen. It is wrong to talk of impeachment of a High Court Judge. A High Court Judge is removed, not impeached.
The constitution of India provides for the impeachment of President and removal of Vice President, Deputy Chairman of the Council of States (Rajya Sabha), Speaker and Deputy Speaker of the House of the People (Lok Sabha), Comptroller and Auditor General of India, Chief Election Commissioner, Speaker and Deputy Speaker of Legislative Assembly, Chairman and Deputy Chairman of Legislative Council, Judges of Supreme Court and High Courts and members of Public Service Commissions. Attorney General and Governors hold office during the pleasure of the President. Advocate General holds office during the pleasure of the Governor.
House for Muslims
May be for CNN-IBN it was urban Indiaâ€™s worst kept secret but others knew about the difficulties Muslims face and other communities face. Emran Hashmi, Saif Ali Khan and Shabana Azmi had problems in getting houses. However there are many builders and owners who sell flats to Muslims and the reporter did not contact them. Some housing societies are for Muslims only and others can not get flats there. If the reporter had gone there and had asked whether they would sell flats to people of other communities the answer would have been no.
Madras High Court and Tamil
There is a demand in Tamil Nadu to make Tamil the language of Madras High Court. According to the constitution of India English is the language of High Courts and Supreme Court. Making Tamil the language of Madras High Court requires constitutional amendment.
If UPA decides to go for constitutional amendment to make Tamil the language of Madras High Court other states will demand their languages be made languages of their High Courts. The amendment will have to apply all High Courts.
Facilities to former Presidents and Prime Ministers
A reply dt. 26/4/2010 under RTI has revealed facilities granted to former presidents and their spouses, former vice presidents and their spouses and former prime ministers.
Former prime ministers have facilities of secretarial staffers and office expenses without limit for the first five years and after that Rs.6,000/- p.m.
Nagaland and sovereignty
NSCN-IM general secretary Thiungaleng Muivah is in Delhi for talks with the Government of India. There is demand for Nagalim or Greater Nagaland and sovereignty for Greater Nagaland. It is unlikely that both demands will be granted.