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This is an archive article published on August 7, 2003

Modi note should go to President Kalam’s trashcan, says Oppn

The President, under India’s parliamentary system, has no individual discretion on matters regarding governance and administration, and...

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The President, under India’s parliamentary system, has no individual discretion on matters regarding governance and administration, and therefore Gujarat Chief Minister Narendra Modi’s letter to President A P J Kalam is nothing short of a ‘‘distasteful gimmick’’ with the triple objective of attacking the NHRC, interfering in the course of justice, and dragging the constitutional head of state in an unseemly controversy.

This is the verdict of several lawyers and constitutional experts on Modi’s letter to the President in which he indirectly criticised the National Human Rights Commission’s intervention in the Best Bakery case and went to the extent of asking the President ‘‘to direct compilation of details of all major incidents of group clashes and communal riots in the country since Independence.’’

The BJP, however, defended Modi saying there was nothing unprecedented about it. BJP spokesman V K Malhotra, who has described the NHRC as ‘‘being perceived anti-Hindu,’’ said it was not unusual for a chief minister to knock on Rashtrapti Bhavan’s door for justice. He cited the example of Sheila Dikshit meeting the President on the issue of slum dwellers in Delhi.

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Rashtrapati Bhavan sources said the President had received Modi’s letter ‘‘late last night’’ but there was ‘‘no reaction’’ on it so far. One reason for this is the President has no powers to intervene in the matter. Since he can act only on the aid and advice of the council of ministers, the only thing he can do—if he chooses to do anything at all—is forward the letter to the Prime Minister.

Given this fact, Modi’s move in writing to the President shows that ‘‘this is a gimmick for purely publicity purposes,’’ said constitutional lawyer Rajeev Dhawan. ‘‘The president is advised by the prime minister who belongs to the same party as Narendra Modi. Therefore to send letters to the president is only to attract publicty. The real question is whether the Gujarat government will appeal the Best Bakery case or not. If Mr Modi has any quarrels with the NHRC, then he can appeal to them directly and place the data before them,’’ Dhawan said.

To ask the President to gather details instead of simply getting an MP to seek answers from the government in Parliament smacks of political motivation, opposition leaders feel.

Lawyer and Congress MP Kapil Sibal called the letter ‘‘highly inappropriate, ill-advised, and unconstitutional.’’ Since the letter was written on a matter pending before the Supreme Court, it was also tantamount to ‘‘undue interference in the course of justice,’’ he said.

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Echoing this view, lawyer-cum-CPI(M) leader Somnath Chatterjee said: ‘‘This is a desperate attempt by the most discredited chief minister of the country to invoke our respected Rashtrapatiji in a matter which is entirely within the jurisdiction of the NHRC and the court.’’

Reiterating the constitutional position that the President cannot intervene in the matter in any way, Chatterjee added: ‘‘We have no manner of doubt that the President will reject it outright. The proper place for the letter is the wastepaper basket of Rashtrapati Bhavan.’’

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