SP leaders accused the Congress of a witch-hunt. They blamed Sonia Gandhi. The BJP said Sonia Gandhi, as chairperson of the National Advisory Council, also occupied an office of profit. However, when the NAC was created, the government specified that its chairmanship would not be considered an office of profit. Recently, the Mulayam Singh government also passed a law with retrospective effect declaring Jaya Bachchan’s post as not being an office of profit. The governor had, however, delayed signing the order till he received legal advice. Meanwhile, Jaya Bachchan petitioned the Supreme Court. She had not received remuneration for holding her office. She sought the SC’s clarification about what precisely constituted an office of profit.
Since the government is an interested party in electoral affairs, it is the president of the nation who must take decisions. He is, therefore, not bound by the advice of the cabinet. Some legal experts contend that he is, therefore, bound by the advice of the EC.
Oh, really? President A.P.J. Abdul Kalam forwarded the EC’s recommendation for legal advice. If he was bound by the EC’s recommendation, where was the scope for legal opinion? Earlier, the President had bungled by signing an ordinance to dissolve the Bihar assembly. The Supreme Court ruled it unconstitutional. The President betrayed, thereby, his oath of office to protect the Constitution. He later said: "It was a learning experience."
By now delaying a decision on the EC’s recommendation, President Kalam raised hopes that he had indeed learnt from earlier experience. Had he remained patient, a door might have opened to release the presidency from bondage. Alas! Before the SC could specify what constituted an office of profit, the President endorsed Jaya Bachchan’s disqualification. If he wanted legal clarification, why did he not wait for the SC’s ruling? If he didn’t want it, why did he delay implementing the EC’s recommendation? What if the SC now vindicates Jaya Bachchan? The President owes himself and the nation an explanation.
(Puri can be reached at rajinderpuri2000@yahoo.com)
