The Hindu : Article 174

Online edition of India's National Newspaper
Friday, Aug 16, 2002

Opinion

Opinion - Letters to the Editor

Article 174

Sir, — Your Editorial ``Coercive tactics'' (Aug. 13) has exposed the real intentions of the ruling BJP in pressing for early elections in Gujarat. The party has demanded, citing Article 174 of the Constitution, that the Election Commission should hold elections to enable the new Assembly to meet before October 10 (when six months would have elapsed since the last Assembly session).

Article 174 says that the interval between the last session and the first session of the new session should not exceed six months. An analysis of the provision clearly indicates that it applies to the same Assembly and not to a dissolved or a newly-elected one. This is reinforced by instances when President's rule, under Article 356, had exceeded six months.

M. Kesava Rao,

Visakhapatnam, A.P.

Sir, — The Chief Election Commissioner, J.M. Lyngdoh, was right in making a personal assessment of the prevailing situation in Gujarat through interaction with the riot-affected victims. That is the fundamental duty of the Election Commission because, in a democracy, the people's views take precedence over that of the Government's.

The BJP's intentions to reap a political harvest out of human misery were evident with the haste in which the Assembly was dissolved ahead of its tenure followed by the party's statements in favour of immediate elections whereas the foremost attention ought to have been paid towards relief and rehabilitation measures.

Syed Gowher Ali,

Chennai

Sir, — The BJP general secretary, Arun Jaitley's statement (Aug. 12)seems to hold a warning to the Election Commission of some consequence if it fails to order early elections in the State. Is it not a mockery of democracy?

H. Ravikumar Pai,

Cochin, Kerala

Sir, — Mr. Lyngdoh's visit to Gujarat was a stage-managed affair. If the Election Commission is so concerned about democracy, why not have a referendum in the State to decide when the people want elections? What prevents the EC from providing special protection to the riot-victims if it is really needed? When did the Constitution give powers to the EC to decide whether the authorities concerned had taken appropriate steps or not during the riots? The EC cannot take over the functions of the Government except during the polls. Even making personal observations to the media is wrong.

R.C. Desai,

Vallabh Vidya Nagar, Gujarat

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