MINORITIES - 2002 - Indian Social Institute

order and freedom from fear. In a detailed 40-page expo sition of why it is opposed to holding state
Assembly elec tions soon, the EC also speaks of the incomplete status of state electoral rolls, the "basic
document for the conduct of any election," and the contra dictory nature of some of the information
furnished by the state government, including on the extent of the riots and the government's decision to
put off panchayat and laluka elections because of the mon soons, and then the wide spread drought. The
Full Commission, com prising the chief election com missioner, Mr J M Lyngdoh, and the election
commission ers, Mr T S Krishnamurthy and Mr B B Tandon, were unanimous and scathing in finding
conditions in Gujarat not fit for conducting early elections. (Statesman 17.8.02)
18 th Aug
Riot victims contented with poll decision, await relief (7)
Ahmedabad/Vadodara: Riot victims across Gujarat have commended the Elec tion Commission (EC) for
de ferring elections in the state, saying they were more con cerned about rehabilitation and not polls. "The
EC's decision is a slap in the Modi govern ment's face. Modi was trying to lead everyone into believ ing that
everything is nor mal. Ask people like us who were left with nothing after the riots, and we will tell you how
normal these six months have been?" says Salim Mustafa, a riot victim from Makarpura in Vadodara. He
said until proper reha bilitation is carried out, nothing can be normal. "But unfortunately, other than howling
for elections, Modi does not seem to be con cerned about much else," he adds. Mansoor Bhai, a relief
camp organiser from Dahod, said, "How can you possibly hold elections when such a large number of
people don't even have homes? Lyngdoh is right, no one in the govern ment and administration is making
sincere efforts to re habilitate the affected peo ple." "We are happy that, at least, there is someone who has
sympathised with our situation and dared to tell the state government that they were lying about us," said
Salma Begum, a riot victim from Indira Nagar. (Times of India 18.8.02)
19 th Aug
Centre to refer EC decision on Gujarat polls to President (7)
NEW DELHI, AUG. 18. Responding to the Elec tion Commission's firm no to early Assemb ly polls in
Gujarat, the Union Cabinet today decided to make a Presidential reference to seek the Supreme Court's
opinion on the EC's interpretation of Article 174 of the Con stitution under which there should not be a gap
of more than six months between two Assembly sessions. The Presidential reference would be made
under Article 143, which provides for the advisory jurisdiction of the apex court. The court's opinion will be
sought on whether the EC could recommend imposi tion of President's rule in a State where it felt polls
could not be held, the Information and Broadcasting Minister, Sushma Swaraj, told a press conference
here while briefing reporters on the Cabinet decision. The Presidential reference seeking the opinion of
the apex court would cover in terpretations of three crucial constitutional provisions — Articles 174, 324
and 356. "Is Article 174 of the Constitution manda tory? All other questions flow from this and deserve
clarifications. These questions go much beyond Gujarat. A reference will be made to the President who
will forward it to the Supreme Court for advice," Ms. Swaraj said. (Hindu 19.8.02)
20th Aug
Kalam seeks SC view on Gujarat (7)
NEW DELHI, Aug. 19. — President Dr APJ Abdul Kalam today made a reference to the Supreme Court
under Article 143 of the Constitution to seek the Court's, opinion on the Constitutional val idity of the
Election Commission's decision on de ferring the Gujarat Assembly elections. The Cabi net had sought the
Presidential reference at its meeting yesterday. According to official sources, the Cabinet reso lution was
sent to the President this morning. Dr Kalam, after going through the contents of the resolution, held
consultations with officials be fore sending it to the Chief Justice of India. The Supreme Court is likely to
take up the matter within a day or two in or der to fix a date for the hearing and to constitute the Bench.
The solicitor-general, Mr Harish Salve, is to bring up the Gujarat issue before Chief Jus tice Mr BN Kirpal
tomorrow or the day after. Experts believe the Supreme Court has three options: to return the case without
hearing it, to hear it and not interfere with the Election Com mission's verdict, or pass judgment. Article 143
deals with the power of the President to consult the Supreme Court. "If at any time it appears ... that a
question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public
importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may re fer the
question to that Court for consultation . (The Statesman 20.8.02)