Editorial...

Office of Profit is now
a loss of face for UPA

BY sending back to Parliament the Office of Profit Bill for reconsideration, President Dr. APJ Abdul Kalam has sent out the message loud and clear that no ruling party should exploit the institution of Parliament as a tool of convenience to satisfy its whims and narrow political objectives. Government may have ignored the vital points raised by BJP National General Secretary and former Law Minister Shri Arun Jaitley yet, it appears, the President did not prefer to overlook the issues and returned the Bill. It also shows how far the Left parties, supporting UPA from outside and wrecking it from within, are right or wrong. The reality must have dawned on the Hon'ble Lok Sabha Speaker too.

This development has put the great tyagmoorti in the person of Smt. Sonia Gandhi who has complete control over the reigns of Congress Party, in a very embarrassing position. Will she, in view of the situation that has now developed, resign her Rae Bareilly seat once again and force on the electorate another by-election for the third time? This question is agitating the minds of the people. Return of the Bill is a setback to the moral authority of all those who did not wish to have the matter given a cool consideration. Instead, they chose to gate-crash the Bill disregarding serious legal and constitutional lacunae.

During the last two years UPA has never given Opposition the respect and honour it deserves. Opposition is as vital an organ of democracy as is the government. It is as much representative of the people as is the ruling alliance because both represent the people. Both have the same common purpose: service of the people. Yet, UPA has always looked down upon the Opposition as its enemy, never a friend. Prime Minister Dr. Manmohan Singh too has failed to gather the courage to tell Smt. Sonia Gandhi that such an attitude is against the very spirit of the Constitution. He failed to make her appreciate that Opposition does have the role of an effective political opponent, yet it is never -- and can it never be -- an enemy of the ruling party. Further, Dr. Manmohan Singh failed to give heed to the valuable points raised and suggestions made by Shri Jaitley in Rajya Sabha. He should have sought advice from his own legal experts, including the Law Minister. Had he done that, he would not have had to face the embarrassment he is facing today on this Bill.

The case of both the Congress President Smt. Sonia Gandhi and Hon'ble Speaker Lok Sabha is identical and is under examination with the Election Commission of India for allegations of holding an office of profit while being MPs. Smt. Gandhi did resign both as MP and Chairperson of National Advisory Council (NAC) on March 23. But it hardly makes any difference because on the day a petition for her disqualification was submitted to the President, she was both a Member of Parliament and Chairperson of NAC. The Election Commission has to go by the reality prevailing on the day of the petition and give its opinion/judgment. Sense of morality demands that both of them quit. Wish, this could happen!

The President has raised very valid objections to certain provisions in the Amendment Bill. What is the justification for making exemptions effective retrospectively from about 50 years back, that is 1957? What is the rationale behind exempting some of those very offices which had been kept within the ambit of office of profit in the original Act? There is another anomaly: some offices of the same category continue to be offices of profit in one State while the same have been taken out of the office of profit definition in another State. President has desired that the criteria should be rational, transparent and uniformly applicable in every State.

Shri Arun Jaitley had said that this Bill suffering from many infirmities, if challenged in the Supreme Court, will not be able to stand the test of legal and constitutional scrutiny. Legal experts are of the opinion that it is not surprising that the President did return the Bill; more surprising would have been if he had not done so. Perhaps the President did not wish to be put in an another embarrassing situation, the way he was on the issue of Presidential proclamation for dissolution of Bihar Vidhan Sabha and imposition of President's rule when the recommendation of the Council of Ministers was faxed to him in Moscow for instant approval. Later, the Supreme Court had declared this decision of UPA Government as "unconstitutional". After the SC comment on Bihar, the President seems to have preferred to be more cautious and vigilant by exercising his discretion than just signing on the dotted line. The President, therefore, considered all the pros and cons and scrutinized the Office of Profit Bill from every legal and constitutional angle before ultimately deciding to return it.
In Parliament most of the political parties were only eager to define the office of profit in such a way that it saves their members from disqualification and, at the same time, ensuring that they continue to derive the benefit of office of profit. No government should indulge in such tactics for short-term gains. It does not promote people's interest, but only the self-interest of individuals, parties and the government in power.

It is because of this style of functioning that UPA government has earned the dubious distinction of being a government in the country that has been at the receiving end from the highest court of the country, constitutional experts besides the Army Chief, past and present. The country surely feels concerned at the way UPA functions.

Targetting RSS, they challenged our honour

The terrorist attempt at destroying the RSS headquarters at Nagpur is not an attack on a concrete and cement structure but an abortive shameful assault on one of the country's greatest institution of cultural and social importance. It is a part of a well-planned, deep-rooted conspiracy. It is an attempt to hurt the sentiments of the majority community of Hindus striking at their very feelings and posing a challenge to the country's integrity. The majority community, as always, has displayed restraint and spoiled the designs of terrorists to push the country in turmoil.

The policy of UPA to build bridges of friendship with anti-social and anti-national elements has boomeranged on it. This has happened numerous times in the past. Whatever UPA has done during the last two years has only gone on to boost the morale of the terrorist and divisive forces. Its actions have been severely condemned by all right-thinking people. Its past conduct has proved that in pursuit of its vote-bank politics, the UPA can go to any length, no matter how costly its folly may prove to the nation.

UPA has no right to take wrong decisions just for the sake of appeasement of this caste or that community for electoral advantage. It lacks clear direction and right thinking.

Who advised it to repeal POTA and why? Who collaborated with Naxalites/Maoists in Andhra Pradesh? Who championed reservation on basis of religion? What did they do about Imrana case? Who played politics with Aligarh Muslim University ? Who is responsible for failure to prevent the carnage in Doda-Udhampur in J&K? In Jammu hand grenades were thrown on a peaceful procession killing two BJP karyakartas. Even the Congress rally was not spared and terrorists attacked it wearing police uniforms. Nine innocents lost their lives. How could the militants dare to attack tourists from Surat in Kashmir? What was their fault at all? Had POTA been there, it would have acted as an effective deterrent to the designs of the terrorists.

It is time the Government at the Centre gave a thought as to what went wrong and why. What should have been or should not have been done at what time. It was a fortuitous coincidence that none of the senior leaders of RSS were at the headquarters at the time of abortive attack. It was equally our good luck that the Police rose to the occasion to thwart their nefarious designs and shot down the three desperadoes, although two of their accomplices managed to flee. We are sure they too will be nabbed sooner than later. Maharashtra Police deserves all the praise for this daring act.

On the other hand, UPA finds itself helpless and humbled on internal security front. UPA owes an explanation to the people as to why does it fear enacting stringent anti-terror laws even in the face of the fact that terrorism continues to have an upper hand. The countrymen too have to understand the real designs and threats of the terrorists. Their target was not the RSS alone but the very honour and integrity of the majority community.
UPA has to act in right earnest. Its failure to protect the life, property and honour of the people can force them to take to the streets in protest. If the situation does not improve, anything can happen. The government must ensure that the situation does not spin out of control.