Skip to main content

What locus standi Modi has to lay foundation stone of Parliament?, ask ex-civil servants

Counterview Desk

The Constitutional Conduct Group (CCG), a group of retired officers All India and Central Services who have worked with the Central and State Governments, in an open letter to Prime Minister Narendra Modi has sought comprehensive review the Central Vista project, insisting, the Government of India must engage in dialogue with citizens before implementing the high profile project.
Claiming “impartiality, neutrality and commitment to the Indian Constitution, and in safeguarding its values”, CCG in its letter says, “We are writing to you today to convey our dismay at the manner in which your government, and you, as its head, have chosen to completely disregard the rule of law", wondering, how could the Supreme Court permit Modi to lay foundation stone of Parliament as an "exception" because the preparations had already been made been made.

Text:

This project, from its very inception, has been marked by a degree of executive highhandedness rarely witnessed before. Whether it was in inviting design options, selecting consultants, holding fair and transparent stakeholder consultations, obtaining approvals of the institutions and authorities dealing with urban design, planning and environmental clearances -- everything was done to ensure that rules and procedures were given short shrift, due processes treated with contempt and a predetermined plan of action bulldozed through.
Of particular concern is the manner in which environmental clearances were obtained for a plan which treats the green spaces and the built heritage of the Central Vista as an unnecessary hurdle to the achievement of objectives driven by monumental ambition.
Today, we are writing about another aspect of the proposed Central Vista redevelopment: the brazen impropriety in going ahead with the construction of the new Parliament building while the matter is still sub judice. You are aware that the legality of the various approvals given has been challenged in the Supreme Court and the cases have been heard and reserved for orders on November 7, 2020.
Despite these facts, your government acted as if this were only a minor hindrance and blithely went ahead with implementing the construction plans, starting with removing several trees and planning a major foundation stone laying ceremony. We believe that this was the height of impropriety when the very basics of the project were under challenge. While the case was sub judice, it was incumbent upon the Government to await its outcome. Was the plan to present a fait accompli that would be difficult to reverse?
The disregard of the government for the court proceedings was so blatant that the Supreme Court was constrained to rebuke the government for not acting in a prudent manner, and failing to show deference to the Court. On December 7, 2020, the Supreme Court took up the matter suo motu, and demanded an undertaking from the government that no action would be taken before the Court gave its final orders.
That the Court did permit the laying of the foundation stone as an exception because the preparations had already been made is, to us, surprising and a matter of regret. While laying the foundation stone, your speech did not mention, even once, that the construction of the new Parliament building at that spot was conditional on the final decision of the Supreme Court.
We wonder what locus standi the Prime Minister has to lay the foundation stone of the Parliament building. The Prime Minister is the head of the executive, not of the legislature. For a building that will accommodate the two Houses of Parliament, the appropriate protocol would have been for the President of India to lay the foundation stone. This was a clear instance of breach of Constitutional propriety.
The removal of several trees from Plot 118 and the laying of the foundation stone of the new Parliament building are only some of the violations committed by the government. The lackadaisical approach to rules and regulations and to administrative and legal processes is apparent from the fact that applications to different authorities give different figures for the same item.
For a building that will accommodate the two Houses of Parliament, the appropriate protocol would have been for the President of India to lay the foundation stone
For instance, the number of trees on Plot 118 was shown as 333 when requesting the Ministry of Environment for clearance, but 404 when writing to the Delhi Forest Department. Similarly, the government originally proposed 12 buildings in the Central Vista area (ten central secretariat buildings, a Raksha Bhavan and a central conference centre) in their application to the Ministry of Environment.
The day after the TORs were cleared, they stated that there would be three additional buildings in the same area (viz the Prime Minister’s office and residence, an SPG office and the Vice President’s office and residence). Again, on December 17, 2020, another change was made.
These frequent changes in plans and upward revision of costs demonstrate the haste with which this massive project is being undertaken, without adequate internal consultations or application of mind. That Delhi is an earthquake prone zone makes the project doubly hazardous. Such a cavalier attitude is reprehensible.
Notwithstanding the specious reasoning as to why a new Parliament building is at all necessary, it is a matter of great dismay that at a time when we are faced with an economy in perilous decline and a pandemic which has brought untold misery to millions, the government has chosen to invest vast sums on a project which represents nothing but the pursuit of pomp and grandeur.
We have a public health infrastructure crying out for investment of public resources that could benefit substantially from the kind of investment planned for the Central Vista project; yet, for the government it seems that this wasteful and unnecessary project must take precedence over social priorities like health and education.
While the matter is in the courts and further construction activities are suspended, we urge the government to seize this as an opportunity to review the project in its entirety. We strongly believe that the project should not be implemented, particularly at this time. 
However, even if the government decides to go ahead in principle, the project must be subjected to critical scrutiny by citizens and independent experts, plans must be redrawn to make them compatible with environmental and heritage conservation standards and the due processes of law relating to such projects must be followed.
The essence of a democratic ethos is to listen to the voices of citizens and engage in dialogue with them. There has been a noticeable and worrisome tendency on the part of the government to disregard and ignore the arguments of those who disagree with the official perspective and, worse still, to criminalize dissent. We urge you to reverse these trends and not peremptorily dismiss all opposing viewpoints.
Satyameva Jayate.
---
Click here for list of signatories

Comments

TRENDING

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.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Union budget 'mum' on relief to marginalised communities facing climate change impact

Counterview Desk  ActionAid, an international advocacy group which claims to work for a world without poverty, patriarchy and injustice, has wondered if the Union budget 2023-24, which is being acclaimed for providing succour to the middle classes, has anything to offer to the India's poor. In a statement, it said, while the budget may have "prioritised inclusive development", the financial outlay for ensuring it "does not show the zeal as hoped." Stating that the Finance Minister said Rs 35,000 crore revenue would have to be "forgone" due to a reduction in personal income taxes, "fiscal prudence is not enough to expand public employment, social security, welfare, education and health expenditures considerably." "The need of the hour is to raise revenues through the reduction of revenues forgone and innovative mechanisms such as wealth tax on super accumulation of wealth", it added. Text: The Union Budget 2023 has given significant

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara 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".

How lead petitioner was rendered homeless when GM mustard matter came up in SC

By Rosamma Thomas*  On January 5, 2023, the Supreme Court stayed a December 20, 2022 direction of the Uttarakhand High Court to the Indian Railways and the district administration of Haldwani to use paramilitary forces to evict thousands of poor families occupying land that belonged to the railways.  Justice AS Oka remarked that it was not right to order the bringing in of paramilitary forces. The SC held that even those who had no rights, but were living there for years, needed to be rehabilitated. On December 21, 2022, just as she was getting ready to celebrate Christmas, researcher Aruna Rodrigues was abruptly evicted from her home in Mhow Cantonment, Madhya Pradesh – no eviction notice was served, and nearly 30 Indian Army soldiers bearing arms were part of the eviction process. What is noteworthy in this case is that the records establishing possession of the house date back to 1892 – the title deed with the name of Dr VP Cardoza, Rodrigues’ great grandfather, is dated November 14

Why no information with Assam state agency about female rhino poaching for a year?

By Nava Thakuria   According to official claims, incidents of poaching related to rhinoceros in various forest reserves of Assam in northeast India have decreased drastically. Brutal laws against the poachers, strengthening of ground staff inside the protected forest areas and increasing public awareness in the fringe localities of national parks and wildlife sanctuaries across the State are the reasons cited for positively impacting the mission to save the one-horned rhinos. Officials records suggest, only two rhinos were poached in Kaziranga National Park and Tiger Reserve since 1 January 2021 till date. The last incident took place probably in the last week of December 2021, as a decomposed carcass of a fully-grown (around 30 years old) female rhino was recovered inside the world-famous forest reserve next month. As the precious horn was missing, for which the gigantic animal was apparently hunted down, it could not be a natural death. Ironically, however, it was not confirmed when

Civil rights leaders allege corporate loot of resources, suppression of democratic rights

By Our Representative  Civil rights activists have alleged, quoting top intelligence officers as also multiple international forensic reports, that recent developments with regard to the Bhima Koregaon and the Citizenship Amendment Act-National Register of Citizens (CAA-NRC) cases suggest, there was "no connection between the Elgaar Parishad event and the Bhima Koregaon violence." Activists of the Campaign Against State Repression (CASR) told a media event at the HKS Surjeet Bhawan, New Delhi, that, despite this, several political prisoners continue to be behind bars on being accused under the anti-terror the draconian Unlawful Activities (Prevention) Act. Addressed by family members of the political prisoners, academics, as well as social activists, it was highlighted how cases were sought to be fabricated against progressive individuals, democratic activists and intellectuals, who spoke out against "corporate loot of Indian resources, suppression of basic democratic

Kerala natural rubber producers 'squeezed', attend to their plight: Govt of India told

By Rosamma Thomas   Babu Joseph, general secretary of the National Federation of Rubber Producers Societies (NFRPS) at a recent discussion at Mahatma Gandhi University, Kottayam, explained that it is high time the Union government paid greater heed to the troubles plaguing the rubber production sector in India – rubber is a strategic product, important for the military establishment and for industry, since natural rubber is still used in the manufacture of tyres for large vehicles and aeroplanes. Synthetic rubber is now quite widespread, but styrene, which is used in making synthetic rubber and plastics, and also butadiene, another major constituent of synthetic rubber, are both hazardous. Prolonged exposure to these even in recycled rubber can cause neurological damage. Kerala produces the bulk of India’s natural rubber. In 2019-20, Kerala’s share in the national production of rubber was over 74%. Over 20% of the gross cropped area in the state is under rubber cultivation, with total

Lack of welfare schemes, BSF curbs force West Bengal farmers to migrate far away

Counteview Desk  In a representation to the National Human Rights Commission chairperson, a senior West Bengal based activist has complained that villagers living near the border with Bangladesh are forced to migrate to as far away as Mumbai and Kerala because of lack of government sensitivity towards their welfare in original villages. Giving specific instances, Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), said, if the Border Security Force (BSF) had not put any restriction on agricultural activities, and if villages had properly implemented welfare schemes, these people would never migrate to other States. Text: I want to attract your immediate attention to the inhumane condition of the migrated workers of Gobra village, Swarupnagar Block in North 24 Parganas district of West Bengal to seek your urgent intervention to protect the rights of these people. Gobra is a village situated near the Indo-Bangladesh Border where the border fencing is about 500 meters i

Bangladesh 'rights violations': US softens stance, fears increased clout of China, India

By Tilottama Rani Charulata*  In December 2021, in addition to the Rapid Action Battalion (RAB), the United States imposed sanctions on seven former and current officers of the force, alleging serious human rights violations. Benazir Ahmed and former RAB-7 commander Miftah Uddin Ahmed were banned from entering the US. RAB as an institution was also canceled the support it was getting from the US and its allies. At the same time, those under the ban have been notified of confiscation of assets held abroad. The anti-crime and anti-terrorism unit of the Bangladesh Police, RAB is the elite force consisting of members of the Bangladesh Army, Bangladesh Police, Bangladesh Navy, Bangladesh Air Force, Border Guard Bangladesh, Bangladesh Civil Service and Bangladesh Ansar, and has been criticized by rights groups for its use of extrajudicial killings and is accused of forced disappearances. The government of Bangladesh has been insisting about lifting the ban on RAB, but the US had till recen