A Home page to achieve Electoral reforms, true democracy & citizens sovereignty in India
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From: "Lok Satta" <loksatta@satyam.net.in>
To: "Tirumala Srinivas" <corruptioneradication@yahoo.com>
Subject: options - 4th August
Date: Sun, 4 Aug 2002 11:12:06 +0530
Dear friends,
Sadly, again but unsurprisingly, once again the political parties have failed
the nation. We can evolve a clear strategy only after the revised draft Bill is
out. But even now it seems clear that there will be no disclosures of assets and
liabilities, and section 4 barring more disclosures will remain.
The following seem to be the options:
1) If the fundamental right of citizens to know about candidates is sought to be
curtailed by law, as this Bill does, then the president may have jurisdiction to
act in one of the following ways:
a) Under Art 111, he can withhold ascent to the Bill, and return it to the both
Houses of Parliament with a message requesting them to delete section 4 (or its
equivalent provision in the revised Bill). This can happen only on unassailable
constitutional grounds. Our legal team needs to prepare a brief to be submitted
to the President, the moment the Bill is passed by Parliament. I understand that
the President has been privately briefed on the matter. We will finalise the
memorandum to be submitted to the President. Already Gen. Saighal is on the job.
We can prepare a final version by 6th August and collect endorsements.
While this course is possible, we should recognise that the chances of this
happening are still remote. In our Constitutional scheme of things it will be
extremely hard for a President to return a Bill when all parties are in favour
of it.
b) The President can invoke his power under Art 143 and refer the matter to
Supreme Court for consultation. In this case there is a direct conflict between
Supreme Court's interpretation of Art 19, and the legislation sought to be
approved by Parliament. Therefore this seems to be a fit case for invoking Art
143. Again a legal brief is required to be submitted to enable the President to
arrive at a decision.
2. If the Bill does become law, then we should challenge its constitutional
validity before Supreme Court.
3. All of us should reflect and decide whether this occasion and issue demand a
far more vigorous response from civil society. For instance, can a dozen leading
citizens and activists go on a week's fast in Delhi demanding full disclosure
and other specific electoral reforms? What are the pros and cons of such an
action at this stage? Has the moment arrived for mass mobilization?
4. Meanwhile we should sensitize the media on the issue, and seek their
continued focus on electoral reforms, and their support in mobilizing public
opinion.
5. All civil society groups with grassroots support need to gear their
membership for mass action in two ways:
a) Massive public education on the issue of disclosures and electoral reform.
b) Preparing people for a real mass mobilization in case we all decide in favour
of item (3) above.
These seem to be some of the practical courses open to us. This is a somewhat
disappointing development, but there is no cause for despair. Let us brave
ourselves for a fierce and protracted struggle. The unity of parties is an
indication of their weakness in insecurity and seize mentality, not their
strength or legitimacy. We can, and shall, prevail. Meanwhile we should make
many preparations for an effective mass action.
I look forward to your considered responses before we take stock of the
situation and decide on a specific course of action.
With warm regards,
Jayaprakash Narayan
National Coordinator
lok Satta
401/408, Nirmal Towers
Dwarakapuri Colony, Punjagutta
Hyderabad - 500 082
Tel:91-040-3350778/3350790
Fax: 91-040-3350783
E-mail: loksatta@satyam.net.in
url: www.loksatta.org
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-----Tirumala Srinivas