Thursday, February 22, 2007

SC asked: Can President refuse oath to a tainted minister

Tags: Terrorist Tainted Leader Law Speaker Prime Minister Manmohan Sonia Gandhi Supreme Court President Kalam Judge Noida Justice Bhalla Dengue MP Joke Affidavit Secular Religion Caste Politician Parliament;

Terrorist or Tainted leader can be Prime Minister? Supreme Court wants clarification from central government. Why is Manmohan Singh body guard of tainted ministers? Tainted ministers are dengue plague
If Judge can’t be tainted than can tainted minister be in cabinet?

As reported by NDTV today on Feb 19, the central government has four weeks to explain to the Supreme Court whether the President or Governor can refuse oath to a minister with a criminal background.The Supreme Court was hearing a petition relating to appointment of tainted legislators as Ministers in the cabinet. The court has already referred this issue to a constitution bench. So far only 12 states have responded to the Court's notice. On Monday Amicas Curiae submitted a list of nine questions on the tainted ministers’ issue and the court directed the Centre to file its reply. The questionnaire includes can the President or Governor have power to act at their discretion not to give oath to tainted legislature as minister and advise the PM to drop that legislature

Somnath Chatterjee objects tainted judge but not tainted minister!
Speaker Somnath Chatterjee has expressed displeasure over the promotion of an Allahabad High Court judge as chief justice of Kerala High Court. It is notable that despite the corruption charges against Justice Judish Bhalla and his wife, the Supreme Court collegium recommended his name for the post.

Being a comrade it is his religion to interfere in the working of the judiciary and by hook and cook obtained power as armed Maoists are controlling the government of Nepal. Somnath Chatterjee is the first person who appreciated the change in Nepal by the armed Maoist.

Kalam urges Centre to rethink ‘tainted’ judge choice
Taking cognisance of serious reservations expressed by several leading lawyers, President APJ Abdul Kalam has asked the Centre to reconsider appointment of Mr Justice Jagdish Bhalla of the Allahabad High Court as the Chief ...but honorable President is unable to take step on tainted ministers.

It was reported that Bhalla has bought a land of 7,200 sq ft in a posh locality of Noida — just for Rs.5 lackh. The market rate of the land was Rs 7 crore. The collegium, headed by the then chief justice of India cannot be blamed for this because the Uttar Pradesh government itself has disregarded its report over the issue.

Since the President returned the file with his comments to the Prime Minister's Office, the collegiums comprising the three senior-most judges of the Supreme Court will soon have to review its recommendation to elevate Justice Bhalla despite the alleged complicity of his wife in a Noida land scam. It remains to be seen whether the President's intervention will force the collegium and the government to drop the proposal of promoting Justice Bhalla.

Give more powers to the President
Let us give more powers to the President, Prime Minister, Speaker, Election Commissioner and, above all, the judiciary to evolve a flawless moral code of conduct by plugging loopholes in the Constitution, followed by the will to enforce it.

Why does Law Minister mum?
Terming the clarification sought by Dr Kalam as a part of the “consultation” process, the Law Minister said the process in Justice Bhalla’s appointment was on and it was not yet over. He was talking to media persons on the sidelines of a seminar which was also attended by the Chief Justice of India K.G. Balakrishnan.

However, the CJI, who heads the Supreme Court Collegium that initiates the process of appointment of judges, refused to comment on the issue.
When asked for the stand of the government on queries sought by the President, the Law Minister refused to say anything further

Why s Manmohan Singh body guard of tainted ministers?
For removing tainted minister, a PIL of Anil Kumar Jha was submitted in Supreme Court. During a recent hearing, Govt Solicitor in order to defend the tainted ministers assured SC of discussion on the matter in Parliament in future but in sealing case Congress government has first gave assurance to the Supreme Court to follow its order.

PM said that tainted ministers should continue in office till verdicts are passed! Is To include elected tainted MP in cabinet compulsion as per constitution? All politicians whether in opposition and in government are big big criminals and there deeds comes open when opposition comes into power. They all have stained images. And their skin has become the skin of Rhinoceros on which nothing affects.

Can Terrorist or Tainted leader become the Prime Minister?
In the hearing of the case related to the inclusion of tainted ministers in the cabinet, advocate Anil Kumar Jha asked whether a person accused of waging war against the nation, during the pending of the case before the trial court, could contest election and in the event of becoming an MP be eligible for becoming a Minister in the Union Cabinet.

After don Gavali, now Abu Salem and Babalu Shrivastav are contesting to be……Afzal may think because former and present Congress CM of J&K, CPM etc have sympathy to him. Secular UPA knows how to save Afzal and tainted ministers!

The awakening of the public becomes more urgent
Even though the standard of governance has deteriorated, nobody is interested in clean administration and social welfare. There is no end to scams and scandals.
Like criminals, tainted politicians, too, are the products of social culture and circumstances. The coalition culture has been proving to be a liability. Every political party has its share of tainted politicians. No party is strong enough to avoid them.
Tainted politicians rule without caring for the law and the official machinery has no alternative, but to bear with their manners. Criminals enter legislative bodies not to serve the nation, but to get protection for their nefarious activities.

Tainted Ministers are dengue or a plague
Tainted ministers are a plague in our political system. No organization can work, if its members are corrupt. We choose our own government; we can stop them from coming to power by not electing them. Tainted minister have poisoned the drum of politics. The only measure to hinder them is that the public should unite against them.

Tainted MPs and Ministers is a cruel joke
True answer to this problem may create more questions for our democracy and the Constitution. For the MPs, amending the Constitution should be easy, but it’s just that they don’t have to will to do it.
The MPs are entitled to getting pension after one term, but there is no specific age for their retirement. It’s always the chiefs of defence who retire, but not the Defence Minister.

Today, we need a very high authority to oversee the functioning of our government and rather all MPs. This official could be either the President or the Chief Justice of India. In the last 59 years of our democracy, India has shown a deep regards for both offices.

When you know that you are being watched, your behavior will take changes. Now our MPs watch the movements of other MPs, when clearly both are tainted. The government’s inaction against the tainted MPs is a cruel joke. We sell nation’s integrity for the sake of votes.

Curb false affidavits
Before taking action against anyone, we have to know who are the tainted politicians. Tainted politicians are leaders who have at any time used illegal means to advance. It’s our duty to keep them away from elections. Political parties should resolve never to give ticket to any such leader. As alleged Sonia Gandhi and his son have produced false affidavits even regarding their educational qualification. No body bothers for that. She is in car without owning car.

Define clearly the tainted
We should bring out by consensus a specific definition of a tainted individual. Our elections are fought on the basis of caste, creed, group, religion, and money and muscle power. It is difficult to stop tainted persons from fighting elections when we can’t even define who is tainted and who is not. So called seculars say these are seculars and those are not seculars. Though there is no definition of secularism. Every one defines it as per his convenience. The term “tainted” should be defined through a bill passed by 3/4th majority of the parliament, approved by the President and thereafter taught politicians the meaning in a language that they can understand. It is a shame that people at large know its meaning but politicians do not.

By Premendra Agrawal
www.newsanalysisindia.com/

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