Editor,
Dr. Donkupar Roy, Speaker of Meghalaya Legislative Assembly has raised a very pertinent point by terming the resignation of elected legislators from a particular political party to join another and contest from the same constituency, as “legalized defection”. The statement from a seasoned and among the senior most leader and statesman of not only our state but the entire north east, brings into focus the need for a re-look at provisions of the 10th schedule of the Constitution, commonly known as Anti Defection Law. This particular phenomenon though, has no legal barrier and is not widespread as of date; being localized hitherto, mostly in the north east, is definitely reflecting ominous portends of spreading all over the country.
In light of the above, it is imperative that the constitution experts consider a review of the entire issue. In fact the Supreme Court has also observed in a number of cases related to tenth schedule that what is constitutionally permissible and what is outside is marked by a ‘hazy gray line’ and it is the Court’s duty to identify, ‘darken and deepen’ the demarcating line of constitutionality.
The statement of Dr. Roy therefore assumes significance and calls for a national debate on the necessity of whether further amendment/addendum in relevant paragraph/s of the tenth schedule is necessary, to subvert this growing trend, which today may appear as an exception but has the potential to become an established norm, however compelling the circumstances may be to elicit such an action. There seems to be considerable scope for judicial interpretation, one that may give further clarity on the law and may bring in a wider range of cases, defying the mandate of the electorate like contesting from multiple seats et al, within the umbrella of this legislation.
Yours etc
Naba Bhattacharjee
Shillong – 4.
Security versus public convenience
Editor,
Once upon a time, the Defence land within the vicinity of Shillong town was held as a blessing in disguise. But it has now become a curse. The curse is getting more ominous when Shillongites have become richer and consequently rushing to buy more vehicles. Yes, nothing has stopped them from feeling the illusion of comfort in the stifling jammed roads of Shillong! Thanks to the move taken by a number of MPs, including our state’s MP – Vincent Pala to find other ways to ease the traffic congestion. So, they all recently met with the Defence Minister, Nirmala Sitharaman and informed her the public hardship due to the ever increasing traffic congestion vis-à-vis the round-the-clock closure of roads in the Cantonment areas located in the heart of the towns in the country. It’s remarkable that the sympathetic Defence Minister intuitively agreed to open all those roads for public convenience.
What is unfortunate now is that the understanding and kindness of the Defence Minister has not gone down well with some of the high ranking military honchos. They are still blocking the road for public use. I feel the State Government should take the matter very seriously by holding the officers concerned to account. I, too feel this pinch when I am not allowed the shortcut route to Madhav Kola from Rilbong. Students and teachers of the schools in 3rd-mile areas, and also visitors of Shiva Temple, are worst sufferers. In the past couple of years many parents have stopped sending their children to the schools in 3rd mile areas.
Hence in view of the increasing public hardship, I think we all have to shout out loud to make our appeal audible in Delhi. It’s only a Defence Minister like Nirmala Sitharaman who is open to hearing the public plea and acting on it. She needs to discipline those intransigent officers who believe they own all civilian spaces and enjoy blocking off the public and causing them maximum harassment.
Yours etc.,
Salil Gewali,
Shillong-2