President Returns the Ordinance

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 prop 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 ma 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:

  1.. 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).

2.. 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

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

August 16, 2002
 

Dear Shri Narayan

I am desired to acknowledge the receipt of your letter dated August 10, 2002 addressed to Smt. Sonia Gandhi, Leader of Opposition in Lok Sabha regarding the proposed draft amendments to the Representation of Peoples Act, 1951 based on the recent Supreme Court directives.

In this regard I have been asked to convey that the Congress Party has already clearly enunciated its views. The Party has no objection in requiring a candidate to furnish all relevant information as observed by the Supreme Court in the judgment under reference and as notified by the Election Commission in its guidelines. The Party is willing to fully comply with the observations of the Supreme Court regarding the right of the elector to receive all relevant information about a candidate’s assets and liabilities and criminal antecedents. The Congress Party is only opposed to the power vested by the Election Commission in the Returning Officer to reject a nomination paper on the ground of incomplete or false information.

With good wishes
 

Yours sincerely

Pulok Chatterji