Strong Words from T. N. Seshan

Quoting T. N. Seshan in an interview conducted by Shobha Warrier :

"As far as I can see, the question whether the situation on the ground is consistent with holding of a free and fair election is entirely within the powers and ambit of the Election Commission. It is not with the political parties in the state or at the Centre. It is not at the courts. The Constitution has devised the Election Commission as the mechanism to decide whether elections can be held free and fair.

........

How can you say that the state has decided? The state cannot decide. It has the power to dissolve (the assembly) and it dissolves. But the state cannot decide when the election is going to be held. The decision to hold the election on a date is totally and hundred percent under the Election Commission, and not 99.9%. It is 100%.

What does the relevant section say? The governor shall issue the notification on the date notified by the Election Commission. Nothing else."

Finally, the PM speaks up on Modi's criticism of the CEC

Once in a while, Vajpayee does wake up and become the Prime Minister.  He has disapproved of Modi's words against the CEC. 

I agree with Lyngdoh.  Narendra Modi's attack was despicable. Reading the Indian Express's translation of Modi's speech, I could not but think that here was one man who certainly shows very little respect for the Constitution.  He believes he can cast any aspersions on a constitutional authority and make a personal attack.  Shameful of the BJP to stand up for such a man. 

Okay, let's look at his logic [presenting a hypothetical scenario] about somebody giving supari of a few crores to cause violence and postpone elections.  Violence on the scale that elections have to be postponed surely is a breakdown of the constitutional machinery -- the state government is unable to impose law and order.  Forget elections -- such violence should result in imposition of President's Rule.  It doesn't matter if it was the ruling party that brought up the violence [to impose it's will on others] or the opposition [to postpone the elections as suggested by Modi in his hypothetical scenario] -- a breakdown of law and order is a breakdown of the constitution and peaceful, free and fair elections cannot be held.  

The Union Cabinet returns the ordinance on electoral "reforms" to the President  -- very bad, very bad !

A few questions.  Why the haste to pass an ordinance ?  Why not a proper Act of Parliament ?  Surely there are a number of other important Bills pending.  If all the political parties were unanimous why an Ordinance ? Why not put in enough time sitting in the two Houses and passing the Bill ?  If the Supreme Court only directed that candidates disclose their background why does the Ordinance go to the extent of actually allow criminals to Represent The People {remember it *is* the Representation Of The People Act}.  In any case, the President merely asked why the Ordinance did not comply with the directives of the Election Commission and the requirements laid down by the Supreme Court.  Why should criminals be allowed to represent the people. 

Oh yes --- the argument that false charges might be laid against people whom the power that be do not want elected.  So the political parties don't trust each other to be truthful when submitting FIRs to the police but can get together and agree that they need not disclose each other's criminal backgrounds.