The Hindu : Front Page : ‘Declare abstention fiat unconstitutional’

Online edition of India's National Newspaper
Tuesday, Jul 17, 2007
ePaper

Front Page

Front Page

‘Declare abstention fiat unconstitutional’

Special Correspondent

NDA delegation led by Advani submits memorandum to Election Commission

— Photo: S. Subramanium

EXPLAINING THEIR STAND: National Democratic Alliance leaders L.K. Advani, George Fernandes, Sushma Swaraj, Murli Manohar Joshi and Arun Jaitley at the Election Commission office in New Delhi on Monday.

NEW DELHI: A National Democratic Party Alliance delegation, led by Leader of the Opposition in the Lok Sabha L.K. Advani, on Monday urged the Election Commission declare “unconstitutional” any direction by a political party asking its legislators to abstain from the July 19 Presidential poll.

In a six-page memorandum to the Chief Election Commissioner, which was submitted to Election Commissioner Navin Chawla, the NDA argued that since the legislators cast their vote as people’s representatives, it was their “constitutional obligation under Article 54 and 55” to exercise their franchise “purely” in their “individual capacity and as elected representatives of the people” and “not as members of a political party.” Asking them to abstain would be unconstitutional, as an MP or an MLA was “entitled to ignore” such direction.

The delegation comprised NDA convener George Fernandes and BJP leaders Murli Manohar Joshi, Arun Jaitley and V.K. Malhotra.

Mr. Jaitley told reporters that in the Presidential election there was no place for party symbol or party whip and the ballot was secret. Abstention meant that the entire population of a constituency goes unrepresented in the election. He admitted that there was no bar on “voluntary” abstention but pointed out that one cannot be coerced or “directed” by a political party to abstain.

He wanted a clarification from the Election Commission as the Tenth Schedule of the Constitution makes a member vulnerable to disqualification if he or she votes or abstains from voting in a House contrary to his or her party’s directive.

“Para 2 of the tenth Schedule treats either of such conduct [inside or outside the House] on a par,” the memorandum said.

While MPs and MLAs of a party that has directed its members to abstain could invite disqualification under the Tenth Schedule, the MP or MLA who abstains in conformity with the direction issued by his or her party would be guilty of violating his constitutional obligation of representing his voters during the Presidential poll, the memorandum said.

The issue came to the fore after the United National Progressive Alliance, comprising the All-India Anna Dravida Munnetra Kazhagam, the Samajwadi Party, the TDP and others, publicly asked their members to abstain from voting.

Printer friendly page
Send this article to Friends by E-Mail

Front Page