Skip to main content

Sabarimala: Civil servants ask SC to take legal action against BJP chief's "blatant" contempt

Counterview Desk
As many as 50 retired Indian Administrative Service (IAS) and Indian Foreign Service (IFS) officers have reportedly written to the Election Commission, Supreme Court, Prime Minister Narendra Modi and President Ramnath Kovind, seeking action against BJP chief Amit Shah for his speech in Kannur, Kerala, on October 27, he where extended support to those who had been protesting women’s entry into the Sabarimala temple despite the Supreme Court.
“We will uproot this government if it continues arresting people who protested the Supreme Court verdict,” Shah said, asking courts to issue “practical instructions to governments”. Published in a Congress-controlled site, IAS and IFS officers' letter said, Shah’s speech made a “scary reading” and amounts to “gross constitutional misconduct”.

Text of the letter:

We are a group of former civil servants of the All-India and Central Services, who have worked for decades with the Central and State Governments during our careers. We wish to make it clear that, as a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Indian Constitution. We continue to uphold the oath of allegiance to our Constitution we took when we entered service.
Addressing a public meeting at Kannur, Kerala, on Saturday, the 27th October 2018, the President of the main ruling party at the centre made two interrelated comments: That the Supreme Court ought to have issued implementable orders; and, that the State Government in Kerala would be brought down for its temerity to enforce the Supreme Court orders regarding the entry of women from a certain age group into the Sabrimala temple by arresting and suppressing ‘Ayyappa devotees.’
Taken together, these two comments make for a scary reading that the President of the main ruling party at the centre is casting aspersions upon and questioning the lawful authority of the highest court of the land, asking the State government to refrain from implementing the Court’s orders, and is explicitly threatening to bring it down by vigilante action of political workers in the streets by fuelling their religious sentiments. There is also an implicit threat of the dismissal of the State Government by the Union Government.
Under the Election Symbols (Reservation and Allotment) Order, 1968, framed by the Election Commission India (ECI) under the plenary powers vested in it by Article 324 of the Constitution, the Commission has codified the provisions relating to the functioning of political parties. This Order provides for the registration of political parties and its general bases by the ECI. It also provides for their recognition on the basis of their poll performance in the general elections.
In 1989, the Parliament inserted a new section 29A in the Representation of the People Act, 1951, which provides that the registration of political parties by the Election Commission India (ECI) would involve an additional condition: every political party must include in its constitution/by-laws an undertaking that it ‘shall bear true faith allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India’.
The main ruling party at the centre too has made the necessary insertion of this additional condition in its Constitution. Further, the ECI has the power to suspend or withdraw the recognition of a recognised political party for its failure to observe the Model Code of Conduct or to follow lawful directions and instructions of the Commission.
It is well within the rights of any individual to critically opine upon a judicial decision without casting aspersions on the juridical intent. Indeed, judicial decisions do vary between one juridical level and another, and also from one bench to the other in the High and Supreme Courts. There is a due process in place to seek redressal from a decision that has caused one to feel aggrieved; this even applies, in some cases, to the decisions taken by a particular bench of the Supreme Court.
There have also been instances of legislative interventions in the Parliament by the executive to countermand an inconvenient judicial decision within the parameters set out in the Constitution. It is not open to any individual, group, or a political party to subvert the due constitutional process by threatening street action or adverse political action by the Union executive.
The cited public speech of the President of the ruling party at the centre amounts to a gross Constitutional misconduct. It is likely to have far-reaching adverse implications for our national polity if it passes unnoticed. The Hon’ble Prime Minister has been a great votary of strengthening federalism during his long innings as the Chief Minister of one of India’s frontline states.
As a Prime Minister, he has enthusiastically spoken of the cooperative federalism among the Union and the States. Therefore, the cited content of the public speech of the powerful President of the ruling party is as worrying as it is inexplicable even in the present times when political discourse touches a new low every day.
We respectfully ask:
  • The ECI to take cognisance of the cited public speech by the President of the main ruling party at the centre, to seek necessary explanations from the political party concerned, and to initiate thereafter such steps as deemed fit for defending the sanctity of the Constitution and of the laws made thereunder; 
  • The Head of the Government, the Hon’ble PM, to counsel his party President as appropriate and to categorically delink the executive’s support of his cited public speech. 
  • The Hon’ble Supreme Court to take suo motu cognisance of its contempt in such a blatant manner at a public forum, and to proceed forthwith with necessary legal action. 
  • The Head of the State, The Hon’ble President of India, to give his sage counsel to all concerned to maintain constitutional decorum and to enforce the corrective executive action to rectify its breach.

Comments

Ram Nagina said…
I extend my support for the demand of ex-Civil Servants

TRENDING

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

RSS' 25,000 Shishu Mandirs 'follow' factory school model of Christian missionaries

By Bhabani Shankar Nayak*
The executive committee of the International Union of Anthropological and Ethnological Sciences (IUAES) recently decided to drop the KISS University in Odisha as the co-host of the World Anthropology Congress-2023. The decision is driven by the argument that KISS University is a factory school.

India must recognise: 4,085 km Himalayan borders are with Tibet, not China

By Tenzin Tsundue, Sandeep Pandey*
There has as been a cancerous wound around India’s Himalayan neck ever since India's humiliating defeat during the Chinese invasion of India in 1962. The recent Galwan Valley massacre has only added salt to the wound. It has come to this because, when China invaded the neighbouring country Tibet in 1950, India was in high romance with the newly-established communist regime under Mao Zedong after a bloody revolution.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur*
Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Time to give Covid burial, not suspend, World Bank's 'flawed' Doing Business ranking

By Maju Varghese*
On August 27, the World Bank came out with a statement suspending the Doing Business Report. The statement said that a number of irregularities have been reported regarding changes to the data in the Doing Business 2018 and Doing Business 2020 reports, published in October 2017 and 2019. The changes in the data were inconsistent with the Doing Business methodology.

Delhi riots: Cops summoning, grilling, intimidating young to give 'false' evidence

Counterview Desk
More than 440 concerned citizens have supported the statement issued by well-known bureaucrat-turned-human rights activist Harsh Mander ‘We will not be silenced’ which said that the communal riots in Delhi in February 2020 have not been caused by any conspiracy, as alleged by the Delhi Police, but by “hate speech and provocative statements made by a number of political leaders of the ruling party.”

WHO chief ignores India, cites Pak as one of 7 top examples in fight against Covid-19

By Our Representative
In a move that would cause consternation in India’s top policy makers in the Modi government, Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) director-general, has singled out Pakistan among seven countries that have set “examples” in investing in a healthier and safer future in order to fight the Covid-19 pandemic.

Tata Mundra: NGOs worry as US court rules World Bank can't be sued for 'damages'

By Kate Fried, Mir Jalal*
On August 24 evening, a federal court ruled that the World Bank Group cannot be sued for any damage caused by its lending, despite last year’s Supreme Court ruling in the same case that these institutions can be sued for their “commercial activity” in the United States.

Online education 'driving' digital divide: $1.97 bn industry's paid users grow at 6x rate

Counterview Desk
The People’s Union for Civil Liberties (PUCL), Maharashtra, in a new report in the series on Lockdown on Civil Liberties focusing on education has said that there is a huge “push-out” children due during the pandemic, with deepening digital-divide playing a major role.