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.
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British rulers left India not due to satyagraha but after they saw arms in people's hands: Bihar Guv
Panaji, Dec 20: Bihar Governor Rajendra Arlekar on Friday said British rulers left India not because of 'satyagraha', but when they saw arms in native people's hands and realised that they can go to any extent.
Referring to the Portuguese inquisition of Goa, he said it is time a true perspective about history is brought to light without being afraid of anyone.
Indian Council for Historical Research (ICHR) had set up a narrative that you are born to be slaves and the then government also supported it, Arlekar alleged without naming the Congress-led dispensations.
He was speaking at the "A Brief History of Freedom Struggle in North East of India (1498 to 1947)" book authored by Anandita Singh.
In his half-an-hour-long speech, Arlekar, who hails from Goa, said, "What is Goa inquisition? What is that exactly? If we try to bring it out, then some people in Goa get upset. They feel pain."
"Are we not supposed to tell what your roots are? Some people get upset if we try to tell them from where you belong to, where are your roots. Why should it be?" he said.
We have to speak out without being afraid of anyone, he added.
"Those who invaded us can never be ours. That is why it is necessary to bring out our perspective," he said.
Arlekar, a former Goa legislative assembly speaker, said if people from places like Guwahati are here telling us their history, why don't Goans write the true history of the land.
"The invaders tried to create a narrative. The Indian freedom movement was not without arms. They did not leave India because of 'satyagraha'. But when they saw arms in our hands and they realised that we can go to any extent, then they decided to leave the country," the Bihar governor added.
Arlekar appealed that we should go through the speeches of MPs in the British Parliament during that time, which clearly speaks about the armed struggle.
"They (MPs) have not just mentioned about satyagraha, but were also mentioning about the armed struggle which made Britishers realise that it is time they should leave India," he said.
Satyagraha was a method of peaceful resistance used by Mahatma Gandhi against British rule.
Referring to the Indian history written in books, Arlekar said that the ICHR has set up a narrative that you are born to be slaves.
"Unfortunately, the then government (of the Congress) also supported their narrative. This was a very sad part of the beginning of our Independence," he said.
Arlekar said, "We are being told that Indians are very bad in upkeep of historical evidence. That is not true."
"Our evidence was destroyed by you people. But still we have evidence. We should make it a basis and there is a need to bring out the true history of Goa. In the days to come, the true history of Goa would be revealed," he added.
