By Dr. Gyan Pathak
Members of Parliament of INDIA bloc and other opposition parties began their Save Democracy March on Tuesday October 6 from the Parliament to Election Commission of India (ECI) in protest of “Vote Theft” and irregularities in SIR process, but only to be stopped by the Delhi Police. They were not allowed to move towards the Election Commission. MPs were detained and taken in busses. Altogether, 237 MPs, belonging to 20 political parties, were participating in the march, and many were seen climbing police barricades.
After the opposition MPs were prevented from marching farther than Akashvani Bhavan, they staged a sit-in on road near the Parliament demanding resignation of the CEC Gyanesh Kumar. There were other protesters too, such as members of the youth Congress who broke open the Akashvani Bhavan gate where protesting MPs, including Leader of Opposition Rahul Gandhi and his sister Priyanka Gandhi was lodged by Delhi Police. Scuffle broke out between the youth congress members and the Police, who ultimately detained the protesting youths. Detained persons were then taken to different police stations.
Congress leader Jairam Ramesh said in a post on X, “The solidarity of the Opposition to defeat the nefarious designs of the PM-HM duo will most definitely be sustained whether it comes to Vote Chori or Delimitation. The countdown to the exit of the Bharatiya Jhoot Party has already begun.”
INDIA bloc had decided on September 30 for a week’s protest demonstrations across the country in all districts from October 2-8, along with opposition MP’s March to ECI on October 6. They had also decided to hold five rallies and public meetings, beginning with on scheduled for November 1 in Delhi. Protests have been tremendously escalated since, involving large number of youth organization including CJP, Civil Societies and common people, apart from other political parties which are not part of the INDIA bloc – which included BJD. AAP and DMK have their own protest programmes. All protesters demanding removal or resignation of CEC Gyanesh Kumar for his alleged “illegal” and “unauthorized” decision on SIR of electoral rolls in the country. Other demands included scraping of SIR and even resignation of PM Narendra Modi who allegedly have made CEC his tool.
Given this scenario, INDIA bloc has now decided to escalate the protest demonstrations further, while Congress has decided to launch “Save Vote, Save Country” (Vote Bachao, Desh Bachao) campaign from October 10 to 20, public meetings (Chaupals) with the same slogan from October 25 to November 25, massive rally on November 1 as earlier scheduled and other five rallies, and six separate March to Delhi (Chalo Delhi) agitations on November 25 and 26 culminating on the Constitution Day on November 26. Opposition has also planned to take the movement into the Parliament during the Monsoon Session which will be held after mid-November to mid-December.
The other developments are also worth recalling here which relates to the petitions against CEC and SIR in the Supreme Court of India. The Bench led by Chief Justice of India (CJP) Surya Kant gave an assurance on October 5 that in case of decisions found not to be in accordance with law the court can annul them. It is important given the earlier assurance of the same Bench that had said in case of large number of deletions it would intervene, but large number of deletions reported and the court is yet to intervene.
The pattern of deletion was clear, especially in West Bengal, where large number of voters deleted before election, then election held, BJP won throwing TMC government out, then large number of deleted voters (91 per cent of the adjudicated) were found by the adjudicating judges valid and their names were again added to the electoral roll. However, what the PM Modi and CEC allegedly wanted had been accomplished. Many voters are still contesting deletion of their names, and it was authoritatively said by the adjudicating judges that clearing all the cases may take another 10-12 years at the pace being decided now.
One former Supreme Court judge Rohinton Fali Nariman said large-scale voter deletions during SIR “completely illegal knocking out of the citizen of India. He specifically pointed to the removal of roughly 90 lakh voters in West Bengal. He stated that pre-emptively deleting a voter’s name and then forcing them to prove their citizenship or eligibility is contrary to natural justice and constitutional safeguards. “Right to vote at great peril,” he said.
A sitting Supreme Court Justice Ujjal Bhuyan has also said the large-scale deletions of names during the SIR strike at the heart of the Constitution. He called the disenfranchisement of millions “intrinsically arbitrary” and contrary to the constitutional order, equating the loss of voting rights to removing a citizen’s soul. He said that no whataboutery can justify it. Any process which leads to wholesale disenfranchisement of Indian citizens making them citizens without voting rights would be violative of Articles 326 and 14 of the Constitution of India, he said.
The Supreme Court bench hearing the case said on October 5 said that they did not approve Form 6 changes, when it was mentioned that CEC had said that their SIR process including changes in Form 6 was approved by the Supreme Court. However, just after the comment of the Supreme Court ECI said that Form 6 has never changed, just an additional requirement was added. It was just sophistry of the CEC, because any additional requirement amounts to change.
In such a situation, the Supreme Court bench hearing the petitions, that actually facilitated the SIR through its decisions, will have to reconsider the case against CEC and SIR, in the light of new evidences emerged after the publication of September 23 Indian Express investigation that said two Election Commissioners even objected 14 times in 10 months the decisions of the CEC and labelled them “illegal” and “unauthorized”. Supreme Court on October 5, sought replies from Centre, and CEC, ECs, ECI, ECI DG-IT, and a DEC within a week. All eyes are now on the Bench and its judgement regarding the CEC’s actions, 2023 legislation that appointed him and gave lifelong immunity, and the SIR.
In the meantime, CJP has said that their members are getting police notices and government is pressuring them not to join their October 10 Delhi protest. (IPA Service)
