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

World Bank clarifies: Its 26th rank to India not for universal access to power but for ease of doing business

By Our Representative
In a major embarrassment to the Government of India, the World Bank has reportedly clarified that it has not ranked India 26th out of 130 countries for providing power to its population. The top international banker’s clarification comes following Union Power Minister Piyush Goyal’s claim that India has “improved to 26 position from 99” in access to electricity in just one year.

"Misleading" satellite images being shared on Balakot surgical strike on Jaish camp

By Dr Vinay Kate*
With every passing day more questions are being raised about the surgical strike India did in Balakot as a response to Pulwama attacks. So far the Indian media has claimed mass casulaty of 300+ terrorists of Jaish-e-Mohammad in this surgical strike, but there is hardly any report from foreign media about the same.

Extreme repression, corporate loot, cultural genocide "characterise" India's tribal belt

Counterview Desk
As Lok Sabha polls approach, there is considerable ferment in one section of the population -- India's Adivasis, forming about 8.6 per cent of India's population. Things became particularly critical following the February 14, 2019 Supreme Court order, allegedly seeking to evict lakhs of tribals from their forest lands.

Industry in India "barely growing", export growth 0%, whither moral anchors?

Counterview Desk
In a sharp critique of the Modi government, the Indian Institute of Management-Ahmedabad (IIM-A), one of world renowned economist Prof Kaushik Basu, who is Professor of Economics and Carl Marks Professor of International Studies at Cornell University, has told students at the IIM-A’s 54th Annual Convocation on March 16, 2019 that they have a “special responsibility” on their shoulders, “the responsibility to reject narrow sectarianism, uphold scientific thinking, openness to new ideas, and freedom of speech.”

Gujarat model? Industrial effluents "invade" borewells, discharge coloured water in farms

By Rajiv Shah
In a major embarrassment for Gujarat model, of the 21 samples taken by officials of the state government's environmental watchdog Gujarat Pollution Control Board (GPCB) in two villages of Vadodara district and analyzed by its laboratory in Gandhinagar, the state capital, to find out pollution level in groundwater, 16 were assessed as highly contaminated – these were, in fact, found to be discharging reddish, brownish, reddish, or yellowish water.

Refugees as criminals? US govt report blames Amit Shah for calling Bangladeshis termites

Counterview Desk
The chapter “Freedom of Movement” of the US State Department’s “India 2018 Human Rights Report”, released recently, has criticized BJP chief Amit Shah for terming alleged Bangladeshis who may be in Assam as “termites”, because their names were struck down from the list of National Register of Citizens, under preparation in the state.
Pointing out that four million residents were excluded from Assam’s final draft list, leading to “uncertainty over the status of these individuals, many of whose families had lived in the state for several generations”, the report regrets, the Indian law does not even contain the term “refugee,” treating refugees like Rohingiyas as “any other foreigners.”
“Undocumented physical presence in the country is a criminal offense. Persons without documentation were vulnerable to forced returns and abuse”, the report says.
Text of the Freedom of Movement chapter: The law provides for freedom of internal movement, foreign travel, emigration, a…

Congress would win just 9 of 26 Lok Sabha seats: Gujarat Assembly segment-wise analysis

By Rajiv Shah
Even as the Congress plans its first working committee meet in Gujarat on February 28 after an almost 58 year gap, there is reason to wonder what is in store for India’s grand old party in a state which has been long been a BJP bastion – in fact ever since mid-1990s. Ahead of the then assembly polls in late 2012, talking with me, a senior Gujarat Congress leader, currently Rajya Sabha MP, frankly said he saw no reason why Congress would win.

"Pro-corporate" Supreme Court order on FRA would further marginalize Adivasis

By VS Roy David, JP Raju*
For millions of Adivasis and other traditional forest dwellers February 13, 2019 will go down in history as the day of apocalypse. This is like the proverbial Black Friday where millions of most marginalized people of India were ordered by malicious anti-people draconian Supreme Court order depriving them the life and livelihood by evicting them from their habitats.

Financial inclusion? Not micro-loans; India's poor "need" investment in health, education

By Moin Qazi*
India has grown into a global powerhouse. Its economy is soaring but the picture on the ground is still quite arid. The green shoots that you see are only a patch of its landscape. Most Indians are hapless victims of inequity. India is one country where intense poverty abounds in the shadow of immense wealth.

India, Pakistan told to eliminate nuclear weapons: N-war "would kill" 2 billion

Counterview Desk
The International Physicians for the Prevention of Nuclear War (IPPNW), a non-partisan federation of national medical organizations in 64 countries, representing tens of thousands of doctors, medical students, other health workers, and concerned citizens, claiming to share the common goal of creating a more peaceful and secure world freed from the threat of nuclear annihilation, has warned that “an unprecedented global catastrophe” awaits the globe against the backdrop of warmongering in India and Pakistan.