Opposition’s question on rejecting the notice demanding removal of CEC. india news
New Delhi: Criticizing the opposition’s rejection of notices by both the Lok Sabha Speaker and the Rajya Sabha Chairman on the motion seeking removal of Chief Election Commissioner Gyanesh Kumar, senior Congress leader Abhishek Manu Singhvi on Wednesday alleged that the move to reject the notice at the very first stage amounts to “strangling” the impeachment mechanism envisaged in the Constitution.He was addressing a press conference where the opposition parties that had signed the notice came together to register their objection. Trinamool Congress (TMC) Leaders Derek O’Brien and Sagarika Ghosh, Rashtriya Janata Dal (RJD) Manoj Jha, Aam Aadmi Party (AAP)’s Sandeep Pathak, DMK’s Yogesh and NCP-SP’s Rajeev Jha were present at the press conference. To underline that all opposition parties are united on the issue, O’Brien also read out the names of other parties including the SP, Shiv Sena (UBT) and the Left who had signed the notice.Asked what the opposition’s strategy would be going forward, Singhvi said, “Whatever is acceptable within the ambit of law and the Constitution, we will do and the way it has been handled will not be allowed to remain the same.” However, he refused to comment on what the next step would be and when it would happen.Arguing that the presiding officer has exceeded the scope of “prima facie” assessment by looking into the merits of the allegations, Singhvi cited for example the order of the Rajya Sabha Chairman saying that he has responded to each and every allegation made by the opposition and given his opinion which is tantamount to conducting a “mini trial”.Singhvi said, “We are here today because “when accountability is postponed indefinitely” then “democracy itself is impeached” and that is our concern….”He asked, “If the truth is so strong in favor of the CEC or EC then why is there fear of investigation? If the system is so clear then why do the majority party and all other supporters try to suppress the proposal.” Noting that this is a “very serious matter” and that the decision “casts a shadow on the majesty of Parliament” and raises concerns about the ruling BJP’s willingness to allow an Election Commission investigation.Emphasizing the constitutional and legal position, the Congress leader alleged that there were several fundamental errors in the orders of the presiding officers of both the Houses of Parliament. He also said the presiding officer’s order is “largely silent on any consultation”.“You have forgotten that our creators, far more intelligently than us, created a process that was a judicial process followed by a political process – both corrective. And you have binocularly replaced it with the opinion of one person – the Presiding Officer of each House. This is completely contrary to the architecture that was enunciated by our Founders and Founders with respect to impeachment,” he said.Note that impeachment is a six stage process but the problem with orders from presiding officers is that it ends everything in the first stage itself.He said the Constitution provides a detailed process which includes preliminary approval, formation of the judicial committee, framing of charges, presentation of report, parliamentary discussion and finally decision.He further alleged that specific allegations raised by the opposition, including alleged electoral irregularities and delay in compliance with judicial directions, were not adequately addressed in the rejection order.
