EC doesn't have jurisdiction to regulate issues like freebies: Congress
New Delhi (PTI): The Congress on Friday said the Election Commission does not have the jurisdiction to regulate issues such as freebies, and urged the panel to focus on ensuring free and fair polls through proper implementation of Election Laws.
The poll panel on October 4 had proposed amending the model code to ask political parties to provide authentic information to voters on the financial viability of their poll promises, a move that came amid the freebies versus welfare measures debate that had triggered a political slugfest.
Such issues are part of the dialectics of a vibrant democratic system and depend on wisdom, discernment and analysis of the electorate which should never be taken to be less than acute, the opposition party said.
"It is really something which is to be decided, be it pre-election or post-election, be it by way of electoral punishment or electoral acceptance and reward that the electorate decides the wisdom of such poll promises or campaign assurances and equally decides their breach and non-compliance," Congress general secretary communications Jairam Ramesh wrote to the Election Commission (EC).
"Neither the Election Commission, nor the government, nor indeed even the courts, have jurisdiction to justiciate and regulate such issues. It would therefore be best for the commission to desist from doing so," he said.
The EC had also said that empty poll promises have far-reaching ramifications, adding it cannot overlook the undesirable impact inadequate disclosures on election promises have on financial sustainability.
In a letter to all recognised national and state parties, the commission had asked them to submit their views on the proposals by October 19.
Congress spokesperson Supriya Shrinate told a press conference that the matter first came up when Prime Minister Narendra Modi on July 16 raised the issue of "revris" (freebies), after which the EC took up the issue and wrote to parties seeking their response.
She said the debate on the issue of "revris" in a democracy is distorted as it is the duty of any government to take care of the poor and oppressed classes, and evolve schemes for their upliftment.
The Congress in its response to the EC proposal has said that "the issue does not fall under the poll body's jurisdiction" and asked "how can the Election Commission decide on the definition of freebies".
"It should first implement the existing poll laws properly and there are more burning issues that need to be taken care," she said.
Ramesh in the party's response to the EC has noted that the commission has in the past demonstrated great wisdom and restraint in exercise of this power, choosing to circumscribe and limit campaign actions which tilt the field in favour of one party over the other.
"However, such power has always been exercised and guided by the statutory context. In other words, electoral offences outlined in Chapter IXA of the Indian Penal Code, 1860, and the Representation of Peoples Act, 1951, help the commission determine what is per se legal and illegal," he said.
In fact, the specific bans on communal rhetoric, hate speech, undue influence, among others, all flow from these statutes, Ramesh noted.
"Thus, if the ECI were to consider such a ban it would necessarily need to pass parliamentary muster first. Furthermore, even in Part VIII of the Model Code of Conduct for the Guidance of Political Parties and Candidates, 2015, the ECI puts forth general guidelines which essentially call for making campaign promises in a responsible manner," he said.
Ramesh also insisted that the Congress be given an appropriate slot any time in the future so as to elaborate on these and other grounds before the commission.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Committed to Constitution, no provision for creamy layers in SC/ST quota: Union Cabinet
New Delhi, Aug 9: The Union Cabinet on Friday asserted that there was no provision for a creamy layer in the reservation for SCs and STs in the Constitution given by B R Ambedkar.
The Union Cabinet, at a meeting chaired by Prime Minister Narendra Modi, held a detailed discussion on the Supreme Court judgement on the sub-categorisation of reservation for SCs and STs as granted in the Constitution.
"It is the well thought view of the Union Cabinet that the NDA government is firmly committed to the provisions in the Constitution given by Dr Babasaheb Ambedkar," Information and Broadcasting Minister Ashwini Vaishnaw told reporters here.
He said there was a detailed discussion in the Union Cabinet meeting on a recent Supreme Court judgement that made certain suggestions on the reservation for the Scheduled Castes (SC) and Scheduled Tribes (ST).
"According to the Constitution given by B R Ambedkar, there is no provision for a creamy layer in the SC-ST reservation," Vaishnaw said.
He asserted that the provision for SC-ST reservation should be in accordance with the Constitution.
Asked whether the issue was raised by the minister for social justice and empowerment or the prime minister, Vaishnaw said it is the well-thought-out view of the Cabinet.
"I have told you about the discussion that took place in the cabinet meeting," Vaishnaw said to questions on whether any legislative changes were being planned on the issue.
Earlier on Friday, a delegation of SC and ST MPs met Prime Minister Modi and discussed the issue of SC/ST reservation and the Supreme Court judgement.
After the meeting, Modi said on X, "Met a delegation of SC/ST MPs today. Reiterated our commitment and resolve for the welfare and empowerment of the SC/ST communities."
Earlier this month, a seven-judge Bench of the Supreme Court led by Chief Justice D Y Chandrachud ruled in a 6:1 majority judgment that state governments were permitted to sub-classify communities within the SC list based on empirical data.
Supreme Court judge Justice B R Gavai had said that States must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.
Justice Gavai penned a separate but concurring judgement in which the top court by a majority verdict said the states are empowered to make sub-classifications of Scheduled Castes and Scheduled Tribes for granting quotas within the reserved category to uplift those who belong to the more underprivileged castes.
BJP Rajya Sabha member Sikander Kumar, who was part of the delegation that met the prime minister, told PTI," All of us were concerned over the Supreme Court's observation. We were getting phone calls from people expressing concern over the matter."
"A delegation of MPs representing SCs and STs met the prime minister this morning and expressed their concern in this connection," he said in the Parliament complex.
The prime minister held a serious discussion with the MPs and assured that the government will not let the apex court's observation be implemented, Kumar said. "We express our gratitude towards the prime minister for this," he said.
BJP MP Faggan Singh Kulaste said the delegation in its memorandum to the prime minister urged that the apex court's observation on the issue of creamy layer should not be implemented.
"The prime minister was also held a similar view. He assured us that he will look into the matter and asked us not to worry, saying it will not be implemented in the SC and ST category," he told PTI.
