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

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Fragmented opposition and identity politics shaping Tamil Nadu’s 2026 election battle

By Syed Ali Mujtaba*  Tamil Nadu is set to go to the polls in April 2026, and the political battle lines are beginning to take shape. Prime Minister Narendra Modi’s visit to the state on January 23, 2026, marked the formal launch of the Bharatiya Janata Party’s campaign against the ruling Dravida Munnetra Kazhagam (DMK). Addressing multiple public meetings, the Prime Minister accused the DMK government of corruption, criminality, and dynastic politics, and called for Tamil Nadu to be “freed from DMK’s chains.” PM Modi alleged that the DMK had turned Tamil Nadu into a drug-ridden state and betrayed public trust by governing through what he described as “Corruption, Mafia and Crime,” derisively terming it “CMC rule.” He claimed that despite making numerous promises, the DMK had failed to deliver meaningful development. He also targeted what he described as the party’s dynastic character, arguing that the government functioned primarily for the benefit of a single family a...

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.