Hem Raj Jain
Sub:- In Point-of-order the opposition should include Section 26 (2) of RBI Act and Article 78 along with Article 21 and 300 A of the Constitution (ii)- Law should be same for all. The Govt & RBI should be prosecuted for causing deaths by negligence u/s 304 A IPC etc
On November 28, 2016 Deputy Leader of Upper House of Parliament (Rajyasabha) Anand Sharma (of Congress party) raised ‘Point-of-order’ saying that Government of India is carrying out demonetization since November 8, 2016 illegally / unconstitutionally because it is violating Article 21 and 300 A of the Constitution as explained also in my letter http://www.alwihdainfo.com/Opposition-protecting-Government-and-RBI-from-prosecution-under-Section-304-A-IPC-etc_a45304.html
But Deputy Chairman P. J. Kurien skirted the issue by saying that it can be discussed in debate (which is going-on since November 16, 2016 through adjournment motion and stalled due to demand of opposition that PM Modi should come in Rajyasabha to listen and reply to the debate). Dy Chairman Kurien is legally wrong because Point-of-order can be decided only by Chair on the basis of law / Rajyasabha Rule-book / Constitution and not through any discussion in Rajyasabha
There is on more important legal point which was raised on November, 28 by Leader of Opposition Gulam Nabi Azad (of Congress party) that because Cabinet (including Finance Minister) was not kept in the loop by PM Modi in demonetization process hence only PM Modi can listen and reply to the debate.
But Azad like other opposition members is also trying to protect President Pranab Mukherjee as mentioned at:- http://www.pakistanchristianpost.com/letterdetails.php?letterid=794
Therefore if opposition (Congress party) is really serious about getting succor and justice to the people of India then Gulam Nabi Azad or Anand Sharma should on November 29, 2016 (when Rajyasabha convenes) raise Point-of-order about Article 21, 300A and 78 of the constitution and section 26 (2) of RBI Act.
In case during the process of giving decision on this Point-of-order government tells the Chair that – ‘the Cabinet was not kept in the loop by PM Modi in demonetization process’ – then the Opposition can move impeachment proceeding against President Mukherjee under Article 56 (1) (b) of the Constitution which reads as – “the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article Article 61 of the Constitution which reads as: -
“[Article 61. (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed]”.
It is hoped without bothering about their numbers in both the houses of Parliament (because it will come under pressure of the people of India) the opposition will rise to the occasion and will bring succor and justice (to the innocent 99 % of ~ 1.3 Billion people of India who have been killed, harassed and tortured by illegal and unconstitutional draconian-demonetization) by raising Point-of-order about Article 21, 300A and 78 of the constitution and Section 26 (2) of RBI Act.
Hem Raj Jain
(Author of ‘Betrayal of Americanism’)