- 9 minutes ago
Supreme Court Senior Advocate Vikas Singh questioned the functioning and impartiality of the Election Commission of India amid the ongoing debate over the Special Intensive Revision (SIR) of electoral rolls. He argued that the poll panel is a multi-member body and its decisions should be taken unanimously or by majority. Singh also questioned the EC's role in the SIR exercise, arguing that the commission does not have the authority to determine the citizenship of individuals. He said such powers lie with the Ministry of Home Affairs under the Citizenship Act. He further called for greater independence in the appointment of election commissioners, suggesting an independent collegium involving the Chief Justice of India. Former Chief Election Commissioner OP Rawat, Congress spokesperson Bhavya Narasimhamurthy and BJP spokesperson Pradeep Bhandari debated the allegations surrounding the poll panel and CEC Gyanesh Kumar. Bhandari defended the EC and rejected opposition allegations as "source-based fake news", while Narasimhamurthy questioned why NDA chief ministers were responding to the criticism instead of the CEC addressing the public directly.
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NewsTranscript
00:01Good evening, you're watching Newstruck with me, Maria Shaquille.
00:04The political battle over SIR, which is Special Intensive Division, is getting sharper and is now spilling onto the streets.
00:11Across the country today, opposition parties took to the streets, demanding action against the Chief Election Commissioner, Gyanesh Kumar.
00:19They want accountability, they want his ouster.
00:23And Leader of Opposition, Raun Gandhi, has now raised another allegation over the voter list revision.
00:28Raun Gandhi has said that 728 people live in Delhi's Bela State along the Yamuna, but after the Special Intensive
00:38Revision, just one name remains on the electoral roll.
00:42He has alleged that this amounts to vote Chori.
00:46The BJP and its NDA partners, however, continue to defend the Election Commission and the SIR process.
00:53So as the political and legal debate intensifies, we ask, who is accountable for deleted names here?
01:01Government versus opposition, who will blink first?
01:05Should courts intervene over the CEC Rao?
01:10And has the time come for a rethink over SIR?
01:14And is Gyanesh Kumar staying on as CEC now untenable?
01:19Before I bring in the guests, here's a report.
01:35Election Commission versus opposition, all out war yet again.
01:42And the Congress party is leading the protest against Chief Election Commissioner Gyanesh Kumar.
01:50From Delhi,
01:57to Jaipur,
02:03to Srinagar.
02:10In several cities, Congress protesters clashed with police in NDA-ruled states and demanded the sacking of Gyanesh Kumar.
02:26In Agra, Congress workers even defaced the main gate of the CEC's residence with a spray paint.
02:34The protests come despite the Election Commission announcing nine decisions aimed at addressing concerns over its functioning.
02:43The EC said agendas will now be circulated before every commission meeting, with minutes being issued afterwards.
02:51Foreign trips by officers will need commission approval,
02:54while new IT modules and portals will be vetted by a committee before reaching the commission.
02:59The ECINET will also be reviewed by a committee headed by a senior deputy election commissioner with an independent IIT
03:06or IIIT expert on board.
03:10But the opposition remains unconvinced.
03:13It has accused the CEC of being a front for Prime Minister Narendra Modi and Home Minister Amit Shah,
03:19and has called this functioning an affront to the constitution.
03:21Rahul Gandhi has also doubled down on the EC alleging that the poll panel removed 727 of 728 voters from
03:32Delhi's Bela estate.
03:33The ECINET is built in earnest.
03:35The EU Narendra Modi's name is on gigi and is theResul 하반.
03:39The tropes sergin should be released.
03:45The EU Narendra Modi has given an order on the ECINET,
03:47and in its medidas until the EU Narendra Modi War.
03:48The EU Narendra Modi has given an exlusivation of the international community.
03:53The EU Narendra Modi has given an orders for this time.
03:54I've given the formal name and designation for this time.
03:57In 2017, we have no attention to it.
04:01This is the trust that the chunahayog will not be able to do the chunahayog.
04:11But in 2012, when I was a program, I remember that I had said that the election commission and the
04:19people of the election have cut the government's party.
04:24This is a banjo.
04:30The Congress Working Committee will also meet on Tuesday to decide its next course of action.
04:37As the party steps up pressure on the centre and seeks Gyanesh Kumar's removal,
04:43the BJP meanwhile has accused the opposition of spreading fakery to malign a constitutional body.
05:17It is now time for the Congress Party to apologize to the people of India.
05:22You have repeatedly attacked Election Commission.
05:26That the CIF Election Commission has taken decision uniterally.
05:30But yesterday, full commission came in one single frame.
05:35And they declared that all decision has been taken unanimously.
05:40Then why you have tried to create confusion among the minds of the people?
05:47NTA allies who had earlier sought clarification from the CEC now appear satisfied with the EC's response
05:55and have accused the opposition of selective criticism.
05:58I think I think in the way以上, among the actors기�
06:29Meanwhile, a petition has been filed
06:31seeking, among other reliefs, the suspension of Gyanesh Kumar as CEC
06:36and a declaration that decisions of the Election Commission
06:40can't be taken unilaterally by its chairman.
06:45From sunset to streets to Supreme Court,
06:49the confrontation over the Election Commission
06:51is showing no signs of cooling.
06:56With Anmol Bali and Sharad Kumar, Bureau Report, India Today.
07:03Joining me on the show tonight,
07:05O.P. Rawat, former Chief Election Commissioner of India,
07:07is joining us.
07:08Bhavya is the National Spokesperson of the Congress Party.
07:12We have Pradeep Bhandari, National Spokesperson of the BJP.
07:14I'm going to begin with you, Pradeep Bhandari.
07:17Over the last 24 hours,
07:21several BJP chief ministers,
07:24all NDA partners from Chandrababu Naidu
07:27to Eknath Shinde to all others
07:30have come out in support of the Election Commission.
07:32My question is,
07:34shouldn't Election Commission themselves
07:36address a press conference
07:37rather than, you know, ask the BJP
07:40or the BJP should come out in their defense?
07:47Maria, the press conference
07:50which the opposition and Rahul Gandhi did was on what?
07:54It was based on certain source-based information
07:57which spoke about a hypothetical dissent
08:00and after that you had Rahul Gandhi doing a press conference.
08:04So, the genesis of the issue was
08:06when the Indian opposition took hypothetical dissent
08:10based on source-based information
08:12of two Election Commissioners.
08:14After that, we had the first public on-record statement
08:17which is where the entire Election Commission
08:20and the three Election Commissioners
08:21signed on record and said
08:23that A, that the entire process and decision-making
08:26in the Election Commission was unanimous.
08:28Constitutionally also, as per 324,
08:31it is not possible for anybody to have a veto.
08:33And if the two Election Commissioners had a problem,
08:36they could have ganged up
08:38and ensured that CEC's opinion could have been vetoed.
08:41That's right.
08:41Now, Rahul Gandhi attacked the Bharatiya Janta Party
08:43and Rahul Gandhi did it on the premise
08:45of two hypothetical opinions.
08:47So, it is a democratic right to respond
08:49to the opposition's fakery and fake news.
08:51I believe that it has now been proven
08:53that yet again, like in Rafal...
08:56He says, he says that this reaffirms,
09:01the statement reaffirms the integrity
09:02and credibility of our constitutional institutions
09:05and puts to rest all the misconceptions
09:07surrounding it.
09:08I mean, if you look at it,
09:11it is about Election Commission.
09:13Here is the Election Commission
09:15which has done press conferences in the past.
09:18It's not that it doesn't do press conferences.
09:22Whenever there are elections
09:23and the election dates have to be announced,
09:26they do so by holding press conferences.
09:29So, nothing stops them from, again,
09:32answering all questions that have been raised
09:34in that report of Indian Express.
09:36So, you know, that's what I want an answer from.
09:40Why should the BJP respond for Election Commission?
09:47With that logic, Mariya,
09:48why should the Congress Party pick a source-based information
09:51which is based on two dissenting opinions
09:53of two Election Commissioners?
09:54Why did the Congress pick it up?
09:56If it was between dissenting opinion
09:58of two Election Commissioners and the CEC,
10:01why did the Congress pick it up?
10:03Okay, perhaps, you know,
10:04that logic doesn't really fit here,
10:07Paz Pradeep, because you have raised it.
10:08Perhaps Bhavya will be able to respond
10:10and then I'll bring in O.P. Rawat.
10:12Yes.
10:14Maria, who are the direct beneficiaries
10:17of Gyanesh Kumar's betrayal to democracy of this country?
10:22NDA chief ministers.
10:24Of course, they will show their gratitude to Gyanesh Kumar.
10:27This is the least they can do.
10:29Stand with him, not forget his help.
10:32And this is exactly why, see,
10:34before this, every time the LOP Mr. Rahul Gandhi
10:39accuses the government of something,
10:40along with evidence and facts,
10:43Narindra Modi used to send his cabinet minister.
10:46He never did press conferences.
10:49This time, he's sending the direct beneficiaries
10:52to speak against Mr. Gandhi.
10:54It's as simple as that.
10:56And what have they spoken?
10:58And your question was so apt.
11:01Why are these chief ministers speaking for a constitutional organization?
11:07It is their duty to respond to LOP.
11:11It is the duty of the chief election commissioner
11:13to sit in front of the media,
11:16answer their questions,
11:17and allay all the fears
11:19and all the doubts
11:20if he is not at fault.
11:22Why are the BJP chief minister
11:24doing press conferences?
11:26Do they know what happened in CEC?
11:28Do they know what happened in election commissioner
11:31between the three election commissioners?
11:33Radhi, will you quickly respond to that?
11:34Does that mean there are sitting in their meetings?
11:3530 seconds.
11:36And then I bring in Mr. Rahul.
11:37It's the constitution.
11:37Please go ahead.
11:38Go ahead.
11:3930 seconds.
11:40Well, Mariya,
11:42the congress spokesperson
11:43is self-contradicting herself
11:44because if the entire machinery
11:46under Mr. Gyanesh Kumar is rigged,
11:48then I wonder
11:49how is Telangana, Tamil Nadu, Kerala
11:52sitting with opposition
11:53and Himachal sitting with opposition?
11:55We won 40 elections
11:56before Gyanesh Kumar was the CEC.
11:59We lost 25 elections
12:00even before when he was the CEC.
12:02So this is a very illogical argument.
12:04Nobody is buying.
12:05She said that it's the constitutional duty
12:06of the CEC to respond to the LOP.
12:09Can you please read article 324 for me
12:12and representation of people act 1950 for me?
12:15Where is it written in that article
12:16that the chief election commissioner
12:18either has to respond to the government
12:19or to the LOP?
12:21This is a note with the CEC election commission.
12:23But now, one moment.
12:24Bhavya,
12:26O.P. Rawat is a former CEC.
12:29He understands the nuances
12:31and the functioning of the institution
12:32much better than all of us.
12:34So let me bring him in.
12:35Mr. Rawat,
12:36a lot of questions
12:37that the election commission continues to face.
12:40The point that has been made by the BJP is
12:42that much before Gyanesh Kumar became the CEC,
12:46BJP had won elections.
12:48So for all those opposition leaders
12:51who are saying
12:52that it is Gyanesh Kumar
12:54who was assisting allegedly
12:56the BJP in winning elections,
12:57do you think
12:58that kind of argument
12:59perhaps
13:01dilutes the larger questions
13:03that are being raised
13:04and a number of them
13:05valid ones
13:06particularly with regards to SIR?
13:12Maria, absolutely no
13:15because winning and losing election
13:18doesn't impinge anyway
13:20on election commission's impartiality,
13:23objectivity and fearlessness.
13:26Those things are most important constitutionally
13:30and for the democracy
13:32to survive and thrive.
13:34election commission
13:36is being accused
13:37by anyone
13:39whether it is LOP,
13:40whether it is other opposition party
13:42or whether it is common citizen forum
13:44or whether it is 150 retired formal civil servants.
13:49Anyone accusing them
13:50gives clear signal
13:54to election commission
13:55to come out in the open,
13:57come out to the public
13:58and do.
13:59I remember myself
14:00then when on EVM
14:02political parties
14:04were raising issues,
14:06we set up EVM challenge.
14:08Come here,
14:09bring all your experts
14:10and take out
14:12which polling station
14:13you feel the EVM was bad.
14:15Bring it
14:15and change one vote
14:18from here and there.
14:19We will do away with EVM.
14:20Not a single party came.
14:22Then retired officers forum,
14:25about 100 of them,
14:26they wrote to me
14:27even now
14:28we do not believe
14:29about EVM.
14:30So I took time
14:32from them
14:32and I myself
14:33went with my DGIT
14:35to Bangalore,
14:37made a presentation
14:38that look here
14:39this is the strength
14:40of EVM
14:40and BBPAT system.
14:42Now if your expert
14:43can pinpoint
14:44any weakness,
14:45I will do away
14:46with EVM.
14:48They could not do anything
14:49and then they all
14:50accepted that,
14:50yes.
14:51So we always
14:52stand
14:53for our
14:54impartiality,
14:55objectivity
14:56and
14:58working without
14:59any fear
15:00or favor.
15:01That is what
15:02election commission
15:03needs to do now.
15:04Nobody else.
15:05Because
15:06if you are saying
15:07that other people
15:08have won election,
15:10we have won this,
15:11that shows
15:12that you are creating
15:13a model
15:14to justify all this.
15:16That,
15:16okay,
15:19saving grace.
15:21No,
15:22this is bad
15:22and things
15:24are really boiling.
15:25I was just watching
15:26the press
15:27and some media reports
15:28that things
15:29are boiling.
15:30So before
15:31anything goes wrong,
15:33election commission
15:34must come out,
15:36answer every point,
15:38every accusation,
15:39which came
15:41in Indian Express,
15:42which was
15:43written otherwise.
15:45Yes.
15:45Mr. Rawat,
15:46you know,
15:47the election commission
15:48has issued
15:48two press releases.
15:50What is being seen
15:51also by the critics
15:52is that there is
15:53a great degree
15:54of course correction
15:55in trying to
15:56empower
15:57the officers
15:58on the ground.
16:00Do you think
16:00it's sending
16:01the right messages
16:02but there are
16:03so many questions
16:04directed directly
16:06at Gyanesh Kumar
16:06that it is
16:07him now,
16:08it is he,
16:09the man,
16:09who has to
16:10come out clean now?
16:15Maria,
16:16it is not
16:16one individual.
16:18Okay.
16:18I hold
16:19whole commission
16:20as squarely
16:20responsible
16:21and therefore
16:22all three of them
16:23must make up
16:24their mind,
16:25sit together,
16:26frame all
16:28answers to
16:29every doubt
16:30or question raised
16:31and come out
16:32and open
16:32and answer
16:33everything
16:34in open forum
16:35so that
16:35people of India
16:37who are the
16:37sovereign of this
16:38country,
16:39they feel satisfied
16:40that yes,
16:41everything is okay
16:42with the
16:43constitutional authority
16:44of election
16:45commission of India.
16:47And that brings
16:48me to what has
16:49been raised
16:49by the LOP
16:51this,
16:53you know,
16:53couple of hours
16:54ago,
16:56Pradeep Bhandari,
16:57with regards
16:58to the Bela state
16:59on the banks
17:00of the Yamuna,
17:01that 728 people
17:03lived there,
17:04their names
17:04have been struck
17:05off,
17:05of course,
17:06the CEO
17:07of Delhi
17:08has come out
17:08with a clarification.
17:10You know,
17:12it certainly
17:13is worrying
17:13the entire
17:15pattern
17:15that one
17:16is seeing
17:16now,
17:17Pradeep.
17:21Yes,
17:21it is worrying
17:22the entire
17:23pattern in which
17:23the opposition
17:24is attempting
17:25to create
17:25a democratic
17:26deficit
17:26because
17:27legitimately
17:28and democratically
17:29they are not
17:30able to come
17:30to power,
17:31so they want
17:32to create
17:32a democratic
17:33anarchy
17:33and we are
17:34seeing a pattern
17:34to it very well.
17:35Well,
17:36the former
17:37chief election
17:37commissioner
17:38respectfully spoke
17:39before me.
17:40What I could
17:40conclude for sure
17:41is that he has
17:42agreed that
17:43whatever the
17:43opposition party
17:44spoke about
17:45EVM was dead,
17:46it was fake news.
17:47Secondly,
17:48I want to ask
17:48your panel in a
17:49very legitimate
17:49and logical manner.
17:51Can any decision
17:52of the election
17:52commission
17:53constitutionally,
17:54legally be even
17:55passed by one
17:55individual?
17:56Because I remember
17:57Mr. S.Y.
17:58Qureshi in one
17:59of the interviews
17:59said when
18:00Naveen Chawla
18:01who is a corrupt
18:02man is promoted
18:02as the CEC
18:03by the congress
18:04party,
18:05he and then
18:06chief election
18:06commissioner
18:07Mr. Gopal
18:07Swami had
18:09a difference
18:10of opinion,
18:11it was the
18:12veto vote
18:12of Mr.
18:13Qureshi
18:14who decided
18:14it.
18:15Now,
18:15here the
18:15election commission
18:16has said
18:17nothing is
18:17of difference
18:18of opinion,
18:19it is completely
18:20by unanimity
18:21which means
18:21that the
18:22source base
18:22information
18:23completely
18:23falls flat.
18:24I am not
18:25talking about
18:25the procedural
18:26changes it has
18:27done.
18:27The meat
18:27of the story
18:28which was
18:29raised by
18:29the LOP
18:30was A
18:31that the
18:31entire decision
18:32making in
18:33the election
18:33commission
18:34was happening
18:34unilaterally
18:35which has
18:35turned out
18:36to be
18:36fake news,
18:36it is not
18:37logically
18:37possible.
18:38B
18:38that the
18:38entire
18:39process of
18:39SIR
18:40was only
18:40decided
18:40by the
18:41CEC
18:41which has
18:42again
18:42come out
18:42to be
18:43fake news.
18:43Now,
18:44on the
18:44procedural
18:44part,
18:45you have
18:45the CEC
18:45and others
18:46responding.
18:47Just 10
18:47seconds
18:47and an end.
18:48Remember
18:49when TN
18:49session
18:49who fought
18:50on a
18:51congress
18:51ticket against
18:52LK
18:52Advani
18:52and was
18:53considered
18:53as a
18:53very
18:53independent
18:54election
18:54commissioner,
18:56Lalu Prasaryadav
18:56called him
18:57a Pagla
18:57Sand.
18:58Did you
18:58see Mr.
18:59Session
18:59coming out
18:59openly
19:00and responding
19:00to Lalu
19:01Prasaryadav?
19:02No.
19:03An independent
19:04constitutional
19:05body is not
19:05meant to
19:06respond either
19:06to the
19:07executive
19:07or either
19:08to the
19:08government
19:09or to
19:09the
19:09opposition.
19:10It is
19:10only
19:10responsible
19:11to the
19:11constitution
19:12and the
19:13protector
19:13of the
19:14constitution
19:14is the
19:15supreme
19:15court of
19:15India.
19:15And we
19:16see in the
19:16past that
19:17whatever the
19:18opposition
19:18raised in
19:19the
19:19supreme
19:19court
19:19has
19:19fallen
19:22spokesperson
19:23very
19:23cleverly
19:24chose
19:25bits and
19:26pieces of
19:26what the
19:27respected
19:29former
19:30EC
19:30Mr.
19:31Rawat
19:32said.
19:32He also
19:33said that
19:34they did
19:35everything
19:37in their
19:38capacity to
19:39allay the
19:40fears of
19:40the public
19:41if there
19:41was any
19:42doubts.
19:42Why is
19:44the current
19:44commission
19:45not doing
19:45that?
19:46What is
19:46wrong?
19:47Can they
19:47not come
19:47out and
19:48address the
19:48press?
19:49Are they
19:49not answerable
19:50to the
19:50people of
19:50India?
19:51Fine,
19:52they don't
19:52have to
19:52answer to
19:52the
19:53opposition.
19:53Why not
19:54the people
19:54of India
19:54when people
19:55are protesting
19:56on the
19:56streets?
19:57Why are
19:57the chief
19:58ministers
19:58coming out
19:59and doing
19:59press
19:59conferences?
20:00Who are
20:00they?
20:01Why are
20:01they even
20:01related?
20:02Were they
20:02present in
20:03those meetings?
20:04Do these
20:04chief ministers
20:05know what
20:05happened in
20:06those meetings
20:06in election
20:07commission for
20:08them to come
20:08out and do
20:09press conferences?
20:10What are you
20:10even speaking?
20:11What logic is
20:12this?
20:12And you are
20:13saying because
20:14one politician
20:15used name for
20:15another election
20:16commissioner, he
20:17did not come
20:18out.
20:18So you are
20:19defending that
20:20the current
20:20commissioner who
20:21has done such
20:22mixed camp, need
20:23not answer the
20:23public?
20:25What are you
20:25comparing,
20:26Pradeep?
20:26Come on.
20:27Okay.
20:28Pradeep?
20:28There should be
20:29some sense in
20:30what you are
20:30speaking.
20:30Can I answer?
20:31Okay, Pradeep, 30
20:32seconds, quickly.
20:33Bhavya.
20:34Pradeep, 30
20:35seconds, yeah.
20:36Yes, he spoke
20:36about everything.
20:37See, let us be
20:38very...
20:39He also said...
20:40Bhavya, Bhavya,
20:41you made your
20:41point.
20:41I was...
20:42Bhavya, Bhavya,
20:43you made your
20:43point, Bhavya.
20:45Bhavya, Bhavya,
20:46Bhavya, you're
20:46repeating yourself.
20:48You've made your
20:48point.
20:48Please note.
20:49That's the point.
20:50You didn't make
20:51your point.
20:51Thank you, Bhavya.
20:52The things you
20:53spoke did not have
20:55any logic in them.
20:55Okay, Bhavya, you
20:55take 10 seconds extra
20:56and then give me 20.
20:57No, no, no, go ahead.
20:59No, no, I will
21:02decide the seconds here.
21:04Pradeep, you get
21:0520 seconds to wrap
21:06it up.
21:06Please go ahead.
21:07Yes.
21:08The present in the
21:08election commission
21:09is my question.
21:10Yes.
21:11Bhavya, the national
21:13spokesperson from the
21:14Congress party said
21:15that the CEC
21:16committed a scam.
21:17Now, it is logically
21:19clear that any decision
21:20in the election commission
21:22cannot be taken by the
21:23CEC.
21:23It has to be taken by
21:24unanimity.
21:25So, is she saying that
21:26the dissenting opinion
21:28which Rahul Gandhi
21:28raised of two election
21:31commissioners who he
21:32called as Jabas,
21:33were they also part of
21:34the scam?
21:35If that is true,
21:36then Rahul Gandhi
21:37raised an issue of
21:39hypothetical primal
21:40safety scam.
21:41Before I bring in my
21:41next guest up.
21:43Mr. Rahul Gandhi,
21:44you are looking at
21:45what has been said
21:46here.
21:47When you were the
21:49CEC and questions
21:51were raised with
21:52regards to the
21:52functioning of the
21:53EVM, did you hold
21:54press conferences?
21:58Or did you just
21:59invite opposition to
22:01clarify?
22:02Yes, the EVM
22:03challenge, when you
22:05offered the EVM
22:06challenge, was it
22:07also along with the
22:08press conference?
22:12Yeah, press
22:14conference I myself
22:15presented before these
22:16retired civil servants.
22:19Everything was done.
22:20So that everyone,
22:21and then we started a
22:23campaign in the
22:24villages and busties
22:25that literate children
22:28were made presiding
22:29officer, polling
22:30officer, that you
22:31operate EVM and
22:32BVPAT and you
22:33count and you
22:33declare result.
22:34And we found that
22:36not one vote
22:37difference was there
22:38and all the
22:39villagers, all the
22:40bastiwalas, they
22:41said EVM, Jindabaab.
22:43So that kind of
22:44campaign was launched.
22:46All right,
22:47Opie Rawat,
22:48Pradeep Bhandari
22:49and Bhavia, really
22:50appreciate your time.
22:51Joining me now is
22:52Vikas Singh, senior
22:53advocate of the
22:54Supreme Court.
22:55Vikas Singh, a lot of
22:56questions being raised
22:57about the functioning of
22:58an independent
22:59constitutional authority
23:00here.
23:00Several measures have
23:01been taken as well,
23:02which many are seeing
23:04as course correction
23:05and many within the
23:06government, particularly
23:07the allies of the
23:07government and also the
23:09chief ministers of NDA
23:10rule states are of the
23:12opinion that the two
23:14press releases by the
23:16election commission
23:16certainly reaffirms the
23:18integrity and credibility
23:19of constitutional
23:20institutions and puts
23:23all misconceptions
23:24surrounding it to rest.
23:26My question is, as a
23:28lawyer, do you see that
23:29happening?
23:32In my view, the whole
23:34purpose of getting a
23:35multi-member body was, if
23:37you recall, in 1994, to
23:40ensure that no one man
23:42takes a decision with
23:44regard to the electoral
23:45process and the electoral
23:48process remains, you know,
23:51with a multi-member body.
23:52In fact, the law very
23:54clearly provided that the
23:56decision of the election
23:58commission should be
23:58unanimous and if it is not
24:01possible to be unanimous, then
24:02it has to be by
24:03majority.
24:04So, obviously, there was no
24:05way by which the election
24:06commission could have done
24:08anything unilaterally
24:10without consulting the other
24:13election commissioners or
24:14taking them into
24:15confidence.
24:17So many elections have
24:18happened in this regime
24:20where the CEC has
24:23virtually worked
24:25individually as the
24:27report goes in the
24:28Indian Express and I
24:30don't see any credible
24:31denial to that.
24:32It's a very wishy-washy
24:33denial which has come.
24:34There is nothing in the
24:36public domain so far to
24:38show that the other
24:39members had or even by
24:41majority any decision was
24:42taken with regard to these
24:44elections in the recent past
24:46or with regard to this
24:47exercise of SIR which has
24:50done by the election
24:51commission.
24:52Even the Supreme Court,
24:53when it examined the SIR
24:55exercise, it examined it
24:58on the premise that it was
24:59a decision of the election
25:01commission.
25:02If the decision itself was
25:03not of the election
25:04commission, then obviously
25:06there was no decision of
25:07the, no such decision in
25:09the eyes of law and there
25:12could not have been any
25:13examination of the same by
25:15the Supreme Court.
25:16So, for instance, whether
25:18to do the SIR exercise or
25:20not was actually a decision
25:22of the election commission.
25:23It is not as if the
25:25Supreme Court said that do
25:26this exercise.
25:27Supreme Court merely
25:27validated it, according to
25:29me, wrongly because in my
25:31view, this is not the job
25:32of the election commission.
25:33Election commission does not
25:36have any authority to decide
25:38on citizenship of the people
25:41of this country.
25:41That is a job clearly
25:43earmarked for the Ministry
25:44of Home Affairs, that too
25:47under the Citizenship Act
25:48and there is a very
25:49elaborate exercise to do
25:50that.
25:51And you don't lose your
25:52citizenship so easily the
25:54way election commission is
25:55doing in this very casual
25:58exercise.
25:58So, this exercise is
26:01completely illegal and in my
26:03view, and now with the
26:05doubt being raised about
26:07whether this was a decision
26:09of the election commission
26:10at all, raises serious
26:12concern about how this
26:14whole thing started in the
26:15first place.
26:16But Mr. Vikas Singh,
26:18election commission as a
26:19body has faced criticism
26:21and scrutiny in the past as
26:22well.
26:23The tenure of TN Session,
26:26MS Gill and Naveen
26:28Chawla for that matter.
26:29This is a body which has
26:30been in the middle of
26:31multiple controversies in the
26:33past.
26:33So, do you see this more
26:34like a political slugfest
26:39and, you know, as an
26:40authority which should have
26:41functioned in a way it
26:43should have, it has always
26:45been in the eye of the
26:46storm, one would say.
26:48So, what is unusual this
26:49time?
26:52The… if you recall the
26:54earlier attempts of, you
26:56know, questioning the
26:57working of the election
26:58commission, did not ever
27:00raise any serious issue of
27:03credibility of the
27:04institution.
27:04You know, there was a
27:06decision-making process
27:07which was said to be
27:08flawed.
27:09The EVM was also said to
27:11be flawed.
27:12But never ever was there
27:14any, you know, question
27:16raised, especially the way
27:17it has been raised now,
27:19with regard to the
27:20impartiality of the
27:21election commission.
27:22I mean, there was nothing
27:23in the public domain to
27:25say that the election
27:26commission is working in a
27:28partisan manner the way it
27:29is being said now in this,
27:31of this election commission.
27:32So, in my view, the only
27:34way to correct this
27:36situation will be to
27:37immediately remove the
27:39chief election commissioner.
27:40It can't happen by the
27:42government because he is
27:44obviously…
27:46the beneficiaries are the
27:47people who are running the
27:49show.
27:49So, obviously, they will
27:50never remove him because he
27:51has to require removal by
27:54impeachment.
27:55According to me, it has to
27:56be by court only.
27:57And I hope the court does
27:59intervene in this matter to
28:01restore the credibility of
28:03the institution and ask the
28:07chief election commissioner to
28:08go and appoint the new CEC in
28:12a modified collegium, which was
28:15the earlier collegium prior to
28:17this law came into force, which
28:19is the chief justice of India
28:21being a member of that
28:22collegium.
28:23or anybody independent, not a
28:26cabinet minister, obviously,
28:27because a cabinet minister holds
28:29the office at the pleasure of
28:31the prime minister.
28:32So, you can't expect any
28:33cabinet minister to say anything
28:35contrary to what the prime
28:36minister is saying.
28:37So, there has to be, as an
28:40interim appointment of the
28:42CEC, where the third person
28:43should be completely neutral.
28:45And it is only then that the
28:47faith of the people will be
28:49restored in this institution.
28:50And immediately, this SIR
28:53exercise should be scrapped, and
28:55wherever any deletion has
28:56happened, this deletion should
28:58be restored, and the electoral
29:00roll should be made as it was
29:02earlier, only to the extent of
29:05where there is a death, people
29:07should, those names should be
29:08removed.
29:09And wherever there is a, there is
29:12a person turning into a
29:13majority who has a right to vote
29:15should be included.
29:16Change of addresses should be
29:18permitted.
29:19But that's, that's about all
29:20that the election commission
29:21should be doing as far as the
29:22electoral roll is concerned.
29:24And they have no authority on
29:25the, deciding on the
29:27citizenship.
29:28So, I think this is the only
29:29course correction, in my view,
29:31which can restore the
29:32confidence of the people in the
29:35election commission.
29:36All right.
29:37Vikas Singh, I appreciate your
29:38time.
29:38Thank you so much for joining us.
29:39Let's wrap this show up with a
29:41piece of breaking news, which is
29:43coming in now with regards to the
29:45Tata Suns battle, which is
29:46ongoing.
29:47And certainly it's not over until
29:50it's actually over and in a bid to
29:52prevent Tata Suns from becoming a
29:54publicly listed company.
29:55Tata Trusts has proposed a major
29:58restructuring plan.
30:00And under the proposal, Tata
30:02Electronic Systems Solutions and
30:05Tata Consulting Engineers would be
30:07merged with Tata Suns.
30:09And the aim is to change Tata Suns
30:11regulatory classification and
30:13preserve its status as an
30:15unlisted private company.
30:17Tata Trusts, remember, holds a
30:2066% stake in Tata Suns.
30:22And I said that the restructuring
30:24would ensure that neither Tata
30:27Suns, that Tata Suns is neither
30:29classified as an upper layer NDFC,
30:32nor as a core investment company.
30:35And without those classifications,
30:36Tata Suns would not be required to
30:39list publicly, according to Tata
30:41Trusts.
30:41And the Trusts say the move could,
30:46in fact, this move would also
30:49preserve the century-old structure
30:51of the Tata group.
30:56That's all from me on this edition
30:58of NewsTrack.
30:58Thanks a lot for watching.