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Seems EC has got its powers now, says Supreme Court, dismisses Mayawati’s plea against gag order

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, April 16) expressed satisfaction with Election Commission (EC) taking action against leading political candidates for their communal speeches, soon after being pulled up by the court for describing itself as “toothless” and “powerless” in the face of hate.

“Seems you have got your powers now,” Chief Justice of India (CJI) Ranjan Gogoi remarked to the EC.

After being pulled up by the Supreme Court, the EC had acted against Uttar Pradesh Chief Minister Yogi Adityanath, Bahujan Samaj Party (BSP) chief Mayawati, Samajwadi Party leader Azam Khan and BJP leader Maneka Gandhi, prohibiting them from election campaign for 48 to 72 hours.

“We found we have several powers…” senior advocate CA Sundaram, who appeared for the ECI in the case, acquiesced.

“So, EC has woken up to its powers,” CJI Gogoi said pointedly, again.

On Monday, the EC had claimed it was mostly helpless if candidates spewed communal vitriol in their campaign speeches for Lok Sabha polls of 2019.

This had riled a Bench led by CJI Ranjan Gogoi, who initially threatened to summon Chief Election Commissioner Sunil Arora to take the court’s questions. The court had then decided to delve deep into the EC’s claims that its powers were “circumscribed”. It had given the Commission exactly 24 hours to be ready with a response.

Shortly after the order was passed on Monday, the EC passed orders against the four politicians, gagging them.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1555408156293{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #bcbcbc !important;border-radius: 10px !important;}”]The Supreme Court also dismissed BSP chief Mayawati’s objections to the EC’s order that barred her from campaigning for 48 hours. The court asked her to file a separate plea against the poll body’s gag order

Mayawati alleged that the Election Commission passed ex-parte orders. Mayawati’s lawyer and senior advocate Dushyant Dave said the EC’s gag is “extremely drastic”. He sought an urgent hearing at 2 pm on Tuesday.

“This is harsh. Meetings are already scheduled,” Dave urged the court for a hearing.

“File an appeal if you want. Not commenting on anything now,” Chief Justice dismissed the plea.

The EC ban came to effect from 6 am on Tuesday. The ban means Mayawati will not be able to address a rally in Agra on Tuesday – the last day before campaigning for the second phase of elections comes to an end. Eight of the 80 Lok Sabha seats of Uttar Pradesh will vote on April 18.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]“Pursuant to order passed yesterday (April 15), EC has taken action, appropriate details of which have been submitted. No further order called for today. Mention (the case) as and when required,” the Supreme Court recorded in its order on Tuesday.

On Monday, the Chief Justice lashed out at the EC, saying, “You are basically saying you (EC) are toothless and powerless against hate speeches. The highest you can do is send a notice to the offending candidate. If the candidate replies, send him or her an advisory. Despite this, if there is violation of Model Code of Conduct, you may then file a criminal complaint… That is all? That is your powers under the law?”

The Court said the EC was “duty-bound” to act promptly against hate speech given in violation of the Model Code of Conduct under place in the 2019 Lok Sabha polls.

The Court was hearing a petition filed by an NRI, Harpreet Mansukhani, highlighting the increase in hate and divisive speeches in the name of religion and caste in the Lok Sabha elections of 2019.

The petition had urged the court to direct the constitution of a committee headed by a former apex court judge to closely watch the election process and check the fairness of the EC.

The petition said the communalism of Indian politics, and caste-based parties, were a “great threat to the spirit of the Constitution”.

Mansukhani, represented by senior advocate Sanjay Hegde and advocate Arup Banerjee, said, “India is beginning to look like Turkey under Erdogan or Russia under Putin, which are turning towards a populist majoritarian leader and right-wing politics for their salvation.”

“The essential component of a constitutional democracy is its ability to give and secure for its citizenry a representative form of government, elected freely and fairly, and comprising of a polity whose members are men and women of high integrity and morality,” the petition said.

Referring to communal and caste-based election speeches and remarks of political leaders, Mansukhani had said the plea was filed to “maintain secular environment in the forthcoming Lok Sabha Election, 2019.”

Also Read: Case filed against Azam Khan over sexist ‘Khaki underwear remark’, EC takes action

“The ‘undesirable development’ of appeals to religion, race, caste, community or language of politicians would hamper the objective of fundamental rights provided under the Constitution of India, this would affect the public at large,” the plea had said.

The plea had also sought a direction to the poll panel to take strict actions against media houses which hold debates on caste or religious lines.

“Our Constitution ensures a Socialist, Secular State and equality, fraternity among its citizens. Our country has a democratic set-up which is by the people, for the people and of the people.

Also Read: Supreme Court asks EC to watch full Modi biopic, give opinion by Fri in sealed cover

“A new trend of giving tickets to those who spread communal hatred and do caste or religion based politics has grown very rapidly on media and social media platform more than that the situation appears to be more alarming when we find such persons being elected for the State Assembly or Parliament…,” the plea had said.[/vc_column_text][/vc_column][/vc_row]

Latest Politics News

Delhi CM Atishi accuses BJP’s Parvesh Verma of distributing cash to voters in Kejriwal’s constituency

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

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Delhi Chief Minister Atishi on Wednesday accused BJP leader Parvesh Verma of handing out cash to women in New Delhi, the constituency represented by Aam Aadmi Party (AAP) convenor Arvind Kejriwal.

During a press conference, Atishi claimed that Rs 1,100 was distributed to women from slum areas at Verma’s residence in Windsor Place, with their voter ID details being recorded. She stated, “The BJP is distributing money and checking voter cards in the New Delhi assembly constituency, where Arvind Kejriwal is a candidate.

Today, Parvesh Verma was caught red-handed giving out money at his official residence, money he received as an MP. Women from various slums in the New Delhi area were called there and handed Rs 1,100 in an envelope,” ANI reported her as saying.

Earlier in the day, Kejriwal had alleged that women voters in his constituency were being paid Rs 1,100 for their votes. “I have just returned from several areas in my New Delhi Vidhan Sabha constituency, and everywhere I went, people told me that these individuals are openly buying votes, paying Rs 1,100 for each vote. People said they would take the money but wouldn’t vote for them,” he posted on X.

Kejriwal also hinted that the BJP might declare Parvesh Verma as their chief ministerial candidate, questioning whether the people of Delhi would want such a leader.

In response to the accusations, Parvesh Verma stated that the money was distributed as part of a campaign by ‘Rashtriya Swabhiman’, an NGO founded by his late father, former Delhi Chief Minister Sahib Singh Verma.

“I see the struggles faced by women that Arvind Kejriwal has ignored for 11 years. They have been suffering, so I decided to support them with Rs 1,100 per month. Unlike Arvind Kejriwal, I am not distributing liquor; I am glad to be able to help people,” he said.

Verma added that the Rashtriya Swabhiman has been actively involved in community support, including redevelopment efforts in villages affected by disasters. Elections for the 70-member Delhi Assembly are scheduled for February next year.

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Latest Politics News

Yogi Adityanath says Congress insulting Ambedkar since Nehru days

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday hit out at the Congress, accusing it of disrespecting B.R. Ambedkar, the principal architect of the Indian Constitution, both during his life and after his death.

During a press conference held at his official residence at 5 Kalidas Marg, he also claimed that Jawaharlal Nehru, India’s first Prime Minister, opposed Ambedkar’s inclusion in the Constitution Drafting Committee.

Adityanath’s comments came in the wake of a controversy sparked by Union Home Minister Amit Shah’s remarks about Ambedkar in the Rajya Sabha last week. Surrounded by ministers Swatantra Dev Singh and Asim Arun, the Chief Minister emphasised that the purpose of the press conference was to reveal what he called the unethical and unconstitutional actions of Congress and other opposition parties against Ambedkar.

“Dr. B.R. Ambedkar played a pivotal role in India’s freedom struggle, the formulation of the Constitution, and the foundational years of an independent India. Despite facing numerous societal challenges, he achieved the highest accolades in law, finance, and economics. His contributions to the nation are unmatched, and he is deeply revered by every Indian,” Adityanath stated.

He contrasted the Bharatiya Janata Party’s (BJP) respect for Ambedkar with the Congress party’s history of disrespect. Adityanath highlighted the BJP’s initiatives to honor Ambedkar’s legacy, including memorials in significant locations like Mhow, Nagpur, Mumbai, and London, where Ambedkar pursued his studies.

“Under BJP leadership, from Atal Bihari Vajpayee’s time to Prime Minister Narendra Modi’s tenure, we have made every effort to uphold Ambedkar’s ideals. In stark contrast, the Congress has consistently insulted him and minimised his contributions,” he asserted.

Adityanath pointed to examples of Congress’ alleged negligence, including its initial hesitance to include Ambedkar in the Constituent Assembly and the Drafting Committee, crediting Mahatma Gandhi for securing Ambedkar’s position.

He also recalled an incident during the UPA regime when a textbook depicted a derogatory cartoon of Ambedkar being prodded by Nehru, which was withdrawn only after widespread protests, leading to an apology from then HRD Minister Kapil Sibal.

The Chief Minister claimed that the Congress worked to defeat Ambedkar in elections, including the 1952 general elections for the Mumbai North constituency and the 1954 by-elections.

He alleged that even Nehru campaigned against Ambedkar to ensure his loss, asserting that the Congress consistently aimed to silence the voices of Dalits and marginalized communities.

Adityanath also criticised the Congress for not granting national honors to Ambedkar during his lifetime, stating, “It was only when a government supported by the BJP came to power that Ambedkar was finally awarded the Bharat Ratna.”

He further emphasised the BJP’s commitment to realizing Ambedkar’s vision through programs aimed at benefiting Dalits and marginalized groups, reiterating the party’s dedication to preserving Ambedkar’s legacy while accusing the Congress of ongoing disrespect and divisive politics.

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Government set to table One Nation, One Election bill in Lok Sabha on December 16

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Parliament Winter Session: Lok Sabha speaker warns opposition, No-Confidence motion against Rajya Sabha Chairman

The stage is set for a major legislative push by the central government as two bills related to the ambitious “One Nation, One Election” initiative are scheduled for introduction in the Lok Sabha on Monday, December 16.

Union Law Minister Arjun Ram Meghwal is expected to present The Constitution (129th Amendment) Bill and The Union Territories Laws (Amendment) Bill, marking a significant step towards implementing simultaneous Lok Sabha and state legislative assembly elections.

On Thursday, the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its nod to the constitutional amendment bill that seeks to align elections for the Lok Sabha and state assemblies. This decision underscores the ruling Bharatiya Janata Party’s commitment to its long-standing agenda of electoral synchronization, aimed at reducing the frequency of polls and associated costs.

The Cabinet also approved a supplementary bill to amend specific provisions related to three Union territories with legislative assemblies—Delhi, Puducherry, and Jammu & Kashmir. This aligns their governance framework with the overarching constitutional amendments proposed under the “One Nation, One Election” initiative.

The constitutional amendment bill aims to streamline the electoral calendar by establishing a legal framework for conducting Lok Sabha and state assembly elections simultaneously. However, the government has, for now, opted to exclude local body polls, such as those for municipalities and panchayats, from this framework. A high-level committee chaired by former President Ram Nath Kovind had earlier suggested a phased approach to include local elections in the future.

The concept of “One Nation, One Election” has been a focal point in political discourse, with proponents arguing it will enhance governance by reducing electoral disruptions and fostering policy stability. Critics, however, have raised concerns about the logistical and constitutional challenges of synchronizing diverse electoral cycles across India’s federal structure.

This legislative development will undoubtedly dominate parliamentary discussions as political parties prepare to deliberate on the feasibility and implications of reshaping India’s electoral landscape.

The introduction of these bills is expected to spark robust debate, with the government emphasizing the potential benefits of reduced administrative burdens and streamlined governance, while opposition parties scrutinize its impact on India’s democratic fabric.

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