ound The States
New Delhi, 26 November 2022
Recent EC Appointment
CENTRE CAUGHT ON WRONG FOOT?
By Insaf
Amid elections to State Assemblies,
petitions in the Supreme Court have stirred a hornet’s nest with the recent
appointment process of former bureaucrat Arun Goel as Election Commissioner
coming into question. On Thursday last, a five-judge Constitution bench headed
by Justice Joseph questioned the “haste” and “tearing hurry” with which Union
government appointed him, observing his file travelled at “lightning speed”
within departments in 24 hours! Unheard of indeed. This apart, it questioned
how the law minister shortlisted a panel of four names when none would have
completed the stipulated 6-year tenure in office. (Goel would be in office for
5 years after CEC Rajiv Kumar demits office in February 2025.) The enbarrasment
for New Delhi started a day earlier, when the top court observed: “There have
been numerous CECs and T N Seshan happens once in a while. We don’t want anyone
to bulldoze him. Enormous power has been vested on the fragile shoulder of
three men. We have to find the best man for the post of CEC. The question is
how do we find that best man and how to appoint that best man.” It was hearing
of a bunch of pleas seeking reform in the system of appointing the ECs and a
collegium-like system for their selection.
Much to the chagrin of the
government, the court asked for the files on the appointment of Goel. At the
outset it clarified it wasn’t questioning the merits of new EC’s credentials
but the process. The dates raise eyebrows: The matter was heard on November 18;
on same day, the file was moved and the PM recommended Goel’s name to
President. The vacancy in NirvachanSadan happened on May 15. The court asked:
“Can you show us from the records that from May 15 to November 18 what was
done? What prevailed upon the government that the appointment was made so fast
in one day? …. Same day the file was processed, same day clearance, same day
application and same day appointment. File has not even travelled for 24 hours.
Why was the file cleared with lightning fast speed?” Certainly, the question
whether all is “hunky-dory” remains. Importantly, the court flagged Article 324
of the Constitution, on appointment of ECs and said it doesn’t provide the
procedure for such appointments. Moreover, “the Article had envisaged the
enactment of a law by Parliament in this regard, which has not been done in the
last 72 years, leading to exploitation by the Centre.” More need not be said,
but Union government must clear the air. For lingering doubts about free and
fair elections are unhealthy for any democracy.
* * * * * * *
Rajasthan Cong Tamasha
Congress should consider embarking
on a ‘Party jodo yatra’ given the ongoing political tamasha in
Rajasthan. Chief Minister Ashok Gehlot-Sachin Pilot bickering’s are getting
uglier, causing a major embarrassment to the grand old party. Gehlot has
ruffled feathers when he called Pilot a “gaddar (traitor) who colluded
with BJP” and that he can never become the Chief Minister of the state. This on
the day Pilot joined the ‘Bharat jodo yatra’ led by Rahul Gandhi in the
State. Pilot has hit back saying it ‘wasn’t part of his upbringing to use such
language’ as the CM did. Instead, priority must be to fight unitedly to defeat
BJP and strengthen Rahul’s hand and “Someone who is so experienced, senior and
whom party has given so much, it’s unbecoming to use this language, make such
completely false and baseless allegations.” The young leader found support from
a minister RS Gudha who threw a challenge to Gehlot saying “We will leave our
stake for the chief ministership if you do not find 80% MLAs with Pilot...No
better politician than him.” Party headquarters has condemned Gehlot’s remark
and said the differences should be resolved in a manner that strengthens the
Congress. Easier said than done!
* * * * * * *
Maha, Karnataka Border Row
The BJP has trouble on its hands
with Maharashtra and Karnataka with the inter-State border row escalating. The
trigger was pressed by Maharashtra Deputy Chief Minister Devendra Fadnavis on
Thursday last, when he said “No village in Maharashtra will go to Karnataka!
The state government will fight strongly in the Supreme Court to get Marathi
speaking villages in Karnataka including Belgaum-Karwar-Nipani!” Karnataka
Chief Minister Basavaraj Bommai hit back terming his statement as “provocative”
and elaborating “His (Fadnavis') dream will never come true. Our government is
committed to protecting our state's land, water and borders.” Plus raising the
demand that “Kannada speaking areas of Maharashtra like Solapur and Akkalkot
should join Karnataka.” Remember, the dispute goes back to the 60s after
reorganisation of States on linguistic lines and the matter is in Supreme
Court. Both sides are gearing up their legal battle in the case filed by
Maharashtra in 2004, which is to come up soon. Bommai is confident that Mumbai
has not succeeded and will not in future either. Politics apart, will there be
a resolution? Keeping the iron hot is one thing, but bickering within the
family doesn’t bode well for the BJP.
* * * * * * *
Gujarat Muscle, Money Power
Money and muscle power continue to
rule the roost. A profile of candidates in the 1st phase of December
Gujarat Assembly polls confirms trend. Association for Democratic Reforms (ADR)
report on Thursday last stated ruling BJP contesting all 89 seats, has 79
candidates (89%) of its nominees with assets above Rs 1 crore, followed by
Congress with 65 candidates (73%) and Aam Aadmi Party with 33 candidates (38%)
fighting 88 seats! While average assets per candidate is Rs 2.88 crore, BJP
candidate from Rajkot South constituency is the ‘richest’ with Rs 175 crore. On
other side, an independent candidate from Rajkot West seat has ‘zero’ assets.
Party-wise average assets are BJP, Rs 13.40 crore, Congress Rs 8.38 crore and
AAP Rs1.99 crore. Additionally, 167 candidates (21%) of total 788 contesting
are ‘facing criminal cases’ (100 and 12% serious charges like murder or rape)
with AAP topping the list, 32 nominees (36%), followed by Congress 31
candidates (35%) and BJP, 14 candidates (16%); the Bhartiya Tribal Party, has 4
such candidates (29%). In comparison to Assembly election in 2017, percentages
on both fronts have increased. The parties obviously have paid no heed to the
Supreme Court’s direction on selection of candidates (with no criminal
background, rather looks like saying a big boo. So much for political parties’
pledging a clean and corruption-free government!! ---INFA
(Copyright, India news & Feature
Alliance)
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