Karnataka's new speaker can make fresh call on disqualified MLAs: Solicitor General tells SC

Agencies
October 25, 2019

Bengaluru, Oct 25: Solicitor General Tushar Mehta, in New Delhi on Thursday, told the Supreme Court that new Karnataka Speaker Vishweshwar Hegde Kageri had no difficulty in hearing aggrieved MLAs and taking a fresh call.

"We have no difficulty in hearing them all (disqualified MLAs) and take a fresh call," Mehta told a Bench of Justices N.V. Ramana, Sanjiv Khanna and Krishna Murari. Mehta was representing the office of the Speaker.

The top court was hearing the plea of 17 Karnataka MLAs, challenging their disqualification.

In July, then Speaker K.R. Ramesh Kumar disqualified them, rejecting resignations tendered by them. Those MLAs had remained absent from the House on July 23 when former Chief Minister H.D. Kumaraswamy put the confidence motion to vote.

The disqualified legislators had moved the top court, challenging the Speaker's action saying it was in gross violation of the apex court orders, and illegal and unconstitutional.

Under the scheme of the Constitution, a lawmaker had a right to resign and the Speaker should accept that, Mehta submitted. "Under the scheme of the Constitution, as I have read, a legislator has the right to resign. Except the contingency provided in Article 190(3), there is no room for resignation being rejected," Mehta said.

Article 190(3) of the Constitution envisages that the Speaker or the Chairman of the legislature has to only ascertain whether the resignation of a lawmaker is voluntary and genuine, and if not, he will not accept such resignations.

Appearing for the disqualified MLAs, senior advocate V. Giri told the Bench that the order passed by the then Speaker couldn't be interfered with on procedural irregularities but it could be interfered with on the ground of violation of natural justice. 

Senior Advocate Giri also questioned the hurry to decide the disqualification petition.

Appearing for Kumaraswamy, senior advocate Rajeev Dhavan said the resignation was a privilege granted to MLAs subject to the Speaker's call.

Stressing that defection is the biggest evil in elections, Dhavan said could the Speaker ignore material before him, which made it obvious that something was wrong with the resignations. 

Rajeev Dhavan also raised the issue related to absence of disqualified MLAs from party meetings and their presence in hotels hobnobbing with BJP leaders.

Arguments will continue on Friday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 1,2020

Mysore,  Apr 1: A team of the state Health Ministry on Monday visited the pharmaceuticals company whose several employees were tested positive for COVID-19.

The team asked the remaining employees to stay under quarantine in separate rooms.

"The department is investigating whether this company has got any connection with China or received any object which might have brought coronavirus with it," said Jawaid Akhtar, principal secretary of the health department.

Karnataka Health Minister on Wednesday confirmed that the current COVID-19 positive cases in the state stood at 101.

According to the Ministry of Health and Family Welfare, the total number of COVID-19 positive cases have reached 1,637 in India, including 1,466 active cases, 133 cured/discharged/migrated people and 38 deaths.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
July 20,2020

As Covid 19 has created havoc all rounds, the rulers of certain countries are using it to further intensify their set agendas. The democratic freedoms are being curtailed in certain forms, the reaction to which has come in America in the form of a campaign, which is opposing “stifling” cultural climate that is imposing “ideological conformity” and weakening “norms of open debate and toleration of differences”. In India similar intimidations have been intensified. In addition the occasion has been used by the sectarian forces first to link the spread of Corona to Muslim community and now in the name of reducing the burden of curriculum certain chapters on core concepts related to Indian nationalism are being deleted from the text books.

It has been reported that chapters on federalism, citizenship, nationalism, secularism, Human Rights, Legal Aid and Local Self Government and the like are being dropped. Education has been an important area for communal forces and they constantly keep saying that leftists have dominated the curriculum content, it suffers from the impact of Macaulay, Marx and Mohammad and so needs to be Indianized. The first such attempt was done when BJP came to power in 1998 as NDA and had Murli Manohar Joshi as the MHRD minister. He brought the changes which were termed as ‘saffronization of education’. Their focus is more on social science. Some of the highlights of this were introduction of subjects like Astrology and Paurohitya, and chapters defending caste system, nationalism of the type of Hitler was praised.

With defeat of NDA in 2004, the UPA did try to rectify some of these distortions. Again after 2014 the RSS affiliates working in the area of education have been active, interacting with MHRD officials to impress upon them the need to change the curriculum matching with their Hindu nationalist agenda. Its ‘Shiksha Sanskriti Utthan Nyas’ has been asking for removal of English, Urdu words in the texts. It has asked for removal of thoughts of Rabindranath Tagore on Nationalism, extracts of autobiography of M F Husain, references to benevolence of Muslim rulers, references to BJP being Hindu party, apology of Dr. Manmohan Singh for anti Sikh pogrom of 1984, the reference to killings of Gujarat carnage in 2002 among others. This they call as Bhartiykaran of syllabus.

As RSS is a multithreaded hydra one of its pracharak Dinanath Batra has set up ‘Shiksha Bachao Abhiyan Samiti’ which has been pressurizing various publishers to drop the books which are not conforming to their ideology. One recalls their pressuring withdrawal of Wendy Doniger’s ‘The Hindus’, as it does present the ancient India through the concerns of dalits and women. Mr. Batra has already come out with a set of nine books for school curriculum, giving the RSS view of the past and RSS understanding of social sciences. These have already been translated into Gujarati and thousands of the sets of these books are being used in Gujarat Schools.

The present step of deleting parts of curriculum which gives the basics of Indian Nationalism, secularism and human rights is a further step in the same direction. These are the topics which have made the Hindu nationalists uncomfortable during last few years. They have been defaming secularism. They removed it from the preamble of Indian constitution, when they put out an ad on the eve of Republic day in 2015. From last few decades since the Ram Temple movement was brought up, simultaneously the secular ethos of India’s freedom movement and secular values of Indian constitution have been constantly criticized. Many an RSS ideologues and BJP leaders have been asking for change of Indian Constitution for this very reason.

Secularism is part of the concept of Indian nationalism. In the name of religious nationalism, sectarian divisive nationalism they have been attacking various student leaders in particular. When we study Nationalism, the very genesis of Indian nationalism tells us the plurality of our freedom movement with its anti colonial roots. The struggle was for Indian nationalism and so the Muslims and Hindu communalists kept aloof from this great struggle against colonial masters, it was this struggle which built the Indian nation with all its diversity.

Similarly as we have equal rights as citizens the chapters on citizenship are being dropped. Federalism has been the core part of India’s administrative and political structure. As the dictatorial tendencies are becoming stronger, federalism is bound to suffer and that explains the dropping of this subject. Democracy is decentralization of power. Power reaching the lowermost part of the system, the villages and average citizens. This got reflected in Local self Government. The power is distributed among villages, cities, state and center. By removing chapters on federalism and local self government, the indications of the ideology of ruling party are on display.

While we are not dealing with all the portents of the planned omissions, one more aspect that related to dropping of chapter on Human rights needs our attention. The concept of Human rights and dignity are interlinked. This concept of Human rights also has international ramifications. India is signatory to many an UN covenants related to Human rights. The indications are clear that now rights will be for the few elite and ‘duties’ for the large deprived sections will be put on the forefront.

In a way this incidental ‘Corona gifted opportunity’ to the ruling Government is being fully used to enhance the agenda of ruling party in the arena of Educational Curriculum. The part of curriculum with which the ruling party is uncomfortable is being removed. This act of omission does supplement their other acts of commission in changing the shape of educational curriculum, which are reflected in RSS affiliates’ suggestions to MHRD regarding Bhartiyakaran of contents of syllabus. As per this the things like regarding the great epics like Ramayana and Mahabharata as History, the things like India having all the stem cell technology, plastic surgery, aviation science etc. will have a place in the changes planned by communal forces!

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 17,2020

Bengaluru, Jan 17: Six persons, said to be supporters of Social Democratic Party of India, have been arrested in connection alleged attempt to murder a member of RSS in Bengaluru.

Varun Bhopala (34), a resident of Sarakki in JP Nagar, was attacked while he was on his way to his father's shop near JC Road after attending a pro-CAA event organised by the RSS and other Hindutva organisations on December 22, 2019.

Police commissioner Bhaskar Rao said the arrested are Irfan alias Mohammed Irfan (33), Syed Akbar alias Mechanic Akbar (46), Syed Siddiq Akbar (30), Akbar Basha (27), Sanaulla Sharif (28) and Sadiq UL Ameen (39) - all residents of KG Halli in East and North Bengaluru.

Rao said the arrested wanted to attack and kill the leaders who took part in the pro-CAA event. They initially pelted seven stones to scatter the crowd so that they can attack the leaders, but they failed. Later, they saw Varun walking out of the crowd wearing a saffron shirt. So the arrested followed him and attacked him with lethal weapons. Assuming he is dead, the gang fled on their bikes towards Bidadi.

''The SDPI activists were funded by their leaders to create a disturbance, kill Hindu organisation leaders,'' Rao said. "I have formed a special team to investigate in-depth about the SDPI activities and take necessary action,'' he added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.