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Tuesday, May 30, 2006
President Kalam returns Bill, puts Sonia's Office of Profit in doubt
President Kalam it now appears has not just held wide consultations with legal and constitutional experts but has also studied the bill personally according to The Hindu.
What is significant in President Kalam's action is the Constitutional Power he exercised in sending back the bill. By invoking his powers under Article 111 of the Indian Constitution, President Kalam has required both the houses of the Indian Parliament to reconsider the bill. Thus is likely to result in reintroduction of the bill in the Indian Parliament by the ruling UPA Government in the coming monsoon session according to The Hindu.
President Kalam's actions are a major embarassment to Sonia Gandhi, the President of the ruling Congress Party who has attempted to appropriate moral capital by resigning on this issue and was recently re-elected to the Indian Parliament. Both the Government UPA Government and Sonia Gandhi's Congress Party have long maintained that she did not hold an Office of Profit.
With this action President Kalam has vindicated the stance taken by Offstumped on this issue. On 24th March Offstumped had shown how the stance taken by the Congress and the other political parties in the Parliament was in gross violation of the spirit of the Constitution and the original intent of the founding fathers. Further analysis by Offstumped on the
3rd April of the Constituent Assembly Debates revealed that the stance taken by the Congress was contradictory to the views expressed by Pandit Jawaharlal Nehru, India's First Prime Minister, against the practice of specifying long lists of Offices of Profit rather than specify a general principle by which an office would be deemed to be of profit.
The ruling Congress and its partners in this constitutional atrophy have been taught a very important lesson by this action of President Kalam. President Kalam has discharged his duty as the custodian of the Constitution by requiring the Political Class to think beyond self-preservation and discharge its duty as a legislature in articulating the criteria for an Office of Profit that are fair, reasonable and comprehensive.
Offstumped applauds this action of President Kalam in upholding the settled interpretation of Article 102 of the Indian Constitution on the separation of the Executive and Legislature.
OffStumped For All Things Right of Center, Bringing a Right of Centre Reality Check to Indian Politics, News Media Reporting and Opinion through Blogs and Podcasts.
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posted by Yossarin at 5:23 PM
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