Rahul Gandhi, Chief of Opposition within the Lok Sabha, requested three inquiries to the Centre and offered 4 calls for earlier than the federal government on Tuesday, whereas talking throughout the debate on the Election Fee’s particular intensive revision (SIR) of electoral rolls.
He raised questions on the panel that selects the chief and different election commissioners of the ballot physique, in addition to on the directions for accessibility of the CCTV footage recorded throughout polls. Observe stay updates of the Parliament’s proceedings
Rahul Gandhi’s 3 questions
Following a ruckus within the Decrease Home of the Parliament throughout a debate on the electoral reforms, Congress MP Rahul Gandhi mentioned he wished to ask three questions “which can make it clear that the BJP is directing and utilizing the EC to wreck India’s democracy”.
- CJI’s removing from choice panel for election commissioners
“Why was the CJI faraway from the choice panel for appointing election commissioners? What motivation might there be to take away the CJI?” Rahul Gandhi requested, “Why is the Prime Minister and Amit Shah so eager on selecting precisely who the election commissioner could be?”
Gandhi mentioned that he himself was additionally part of the choice panel because the LoP, however claimed that he had no voice within the committee as he was outnumbered by the opposite aspect, which had Prime Minister Narendra Modi and Union house minister Amit Shah.
The Congress chief went on to pose his second query, which he termed an “much more devastating one”, saying that no Prime Minister within the historical past of India has executed this.
Whereas shifting towards his query, Rahul Gandhi mentioned in Lok Sabha that in December 2023, the central authorities modified the legislation to make sure that no election commissioner may very well be penalised for any motion they take whereas holding their submit.
2. Immunity to election commissioners
“Why would the Prime Minister and residential minister give this present of immunity to the election commissioner? Why would they should give this super present that no Prime Minister has ever given earlier than to the election commissioner?”
He then moved on to his third query and requested concerning the directive associated to the accessibility of the video recorded throughout elections.
3. CCTV recording of elections
“Why was the legislation as regards to CCTVs and the info that they include modified? Why was a legislation put in place that enables the Election Fee to destroy CCTV footage 45 days after the election? What’s the want?
Gandhi mentioned that the reply given by the opposite aspect was that the legislation was introduced in “as it’s a query of information”. The Congress rebutted, saying, “It’s not a query of information; somewhat, it’s a query of stealing the elections.”
Rahul Gandhi’s 4 calls for
After posing his three questions, Rahul Gandhi offered 4 calls for, the “electoral reforms” that the Opposition needs.
He mentioned:
1. Give a machine-readable voter listing to all events one month earlier than elections.
2. Take again the legislation that enables the destruction of CCTV footage. Quite simple, not troublesome.
3. Additionally, inform us what the structure of the EVM (digital voting machine) is. Give us entry to the EVM. Let our specialists see what’s contained in the EVMs. Until right now, now we have not had entry to the EVM.
4. Lastly, please change the legislation that enables the election commissioner to get away with no matter he needs to do.
Rahul Gandhi mentioned he wished to “guarantee” the CEC and ECs that the Opposition will get the legislation modified, including that they’re actively working in direction of it. “After which, we are going to come and discover you,” the LoP added.
EC on video footage accessibility
In June this yr, the Election Fee of India revised its guidelines for the accessibility of video footage recorded throughout polls, saying that such footage can solely be considered by a court docket listening to an election petition. It mentioned the limitation was launched as a result of in any other case it ‘might breach the privateness of voters and lift safety considerations’.
The ballot physique mentioned that sharing the footage, recorded by way of CCTVs, webcast or videography, would allow straightforward identification of voters by any group or particular person, and would depart them susceptible to “stress, discrimination, and intimidation by anti-social parts”, HT reported earlier.
“[The videos] shall be produced in unique earlier than the Excessive Courtroom adjudicating an election petition on its order and shall not be opened and their contents shall not be inspected by, or produced earlier than, any individual or authority besides the Excessive Courtroom adjudicating the Election Petition,” the fee mentioned within the round.
Legislation granting immunity to CEC, ECs
Clause 16 of the Chief Election Commissioner and different Election Commissioners (Appointment, Circumstances of Service and Time period of Workplace) Act, 2023 grants immunity to the CEC and ECs from any authorized motion for choices taken whereas in workplace.
The clause reads: “…no court docket shall entertain or proceed any civil or felony proceedings in opposition to any one who is or was a Chief Election Commissioner or an Election Commissioner for any act, factor or phrase, dedicated, executed or spoken by him when, or in the middle of performing or purporting to behave within the discharge of his official obligation or operate.”
Additional, Clause 11(2) of the Act states that the CEC can’t be faraway from his workplace besides in the identical method and on the identical grounds as wanted for the removing of a Supreme Courtroom decide.
Judges of the Supreme Courtroom and excessive courts can solely be eliminated by way of a movement handed by each homes of Parliament.
The legislation additionally states that the opposite ECs can’t be faraway from workplace besides on the advice of the Chief Election Commissioner.
In keeping with Clause 11(1) of the Act, the CEC or an EC can, at any time, by writing underneath his hand addressed to the president, resign from his workplace.
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