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President Returns the Ordinance
From: "LokSatta" <fonderef@hd1.vsnl.net.in>
To: "Tirumala Srinivas" <corruptioneradication@yahoo.com>
Subject: President Returns the Ordinance
Date: Fri, 23 Aug 2002 16:48:52 +0530
August 23rd, 2002
Dear Friends,
Today’s newspapers carried the news that the President returned the Ordinance on
disclosure norms to the Council of Ministers for certain clarifications and
reconsideration. This is obviously a positive development. This is only the
second time in our history that the President referred any issue for the
reconsideration of the cabinet. Once before, President Narayanan asked the
cabinet to reconsider the advice to impose President’s rule in Bihar. The
government then resiled from its position, and the proposal was not reiterated.
This is only the first time when an Ordinance/law has been returned by the
President. We all should be grateful to President Kalam for his exceptional
diligence, constitutionalism, courage, and statesmanship.
But the battle is not over. There is every likelihood that the union cabinet may
again insist on the President approving the Ordinance. In that case, the
President has only two options. First, under Art 74, we will have to approve a
proposal reiterated by the Council of Ministers. Second, since the Ordinance is
clearly violative of fundamental rights, and therefore is contrary to Article 13
of the Constitution, the President can refer the matter to the Supreme Court
under Art 143. This is the appeal we made to the President. Let us do everything
to mobilize public opinion in favour of a reference to Supreme Court. The
President acted with wisdom and courage in referring the matter back to union
government. Since he alerted the government of his concerns, the onus is now on
the government to heed his advice and drop the proposal to promulgate the
Ordinance. If, however, the government adopts the unwise, and short-sighted
course to again recommend to President promulgation of the Ordinance severely
curtailing the rights guaranteed under Article 19 (1), the President would then
be constitutionally correct in referring the matter to the Supreme Court for its
opinion under Art 143. We must do everything possible to make that happen.
Meanwhile, the Opposition Leader Mrs. Sonia Gandhi reiterated her position in
support of full disclosures as per Supreme Court judgment.
The letter received from her
office is enclosed.
We should now persuade the Congress and other parties to formally write to the
President opposing the promulgation of the Ordinance.
If the Ordinance is promulgated in its current form, we then have to resort to
two actions:
We will challenge before Supreme Court its constitutional validity, particularly
the incorporation of Section 33A, which imposes unreasonable and arbitrary
restrictions on the voters’ fundamental right to information guaranteed under
Art 19(1).
We will mobilize public opinion all over the country against this arbitrary
curtailment of citizens’ liberties, and in favour of full disclosures and
electoral reforms. We will resort
to the steps discussed in the communication sent to all activists and citizens
on August 5th.
We hope the Ordinance will not be promulgated. Even if it is promulgated despite
the President cautioning the government, then it will only provide us an
opportunity to mobilize the public against this grotesque and self-serving
approach, and in favour of comprehensive electoral reforms, including full
disclosure of all relevant details by candidates seeking public office. These
developments so far fully vindicate our stand and strengthen our resolve. This
is a long and hard struggle. But we shall prevail, because the cause is just,
the people see the issue clearly and the time is ripe. Rarely do we have such an
opportunity to fight on the side of truth. This fight, we shall win. And the
hurdles enroute only help us enlarge the battle field and achieve comprehensive
electoral reforms.
With warm regards
Jayaprakash Narayan
National Coordinator
Lok Satta
401/408 Nirmal Towers
Dwarakapuri Colony, Punjagutta
Hyderabad - 500 082
Tel: 040 3350778/3350790
Fax: 040 3350783
E-mail: loksatta@satyam.net.in
url: www.loksatta.org
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