New Delhi, March 31 :
New Delhi, March 31:
The Constitution review commission submitted its report today, recommending sweeping electoral reforms and throwing out the suggestion to bar persons of foreign origin from holding high office.
In the two-volume report handed to law minister Arun Jaitley - the Prime Minister could not be present because of a bereavement - the National Commission to Review the Working of the Constitution said that after a parliamentary or an Assembly poll, the leader of the House should be elected by its members.
Such a suggestion was made by A.B. Vajpayee after his 13-day government collapsed in 1996.
But some other proposals close to the heart of sections of the BJP were rejected by the commission, dispelling fears that the party's so-called hidden agenda would find a place in its recommendations.
The commission, headed by former chief justice M.N. Venkatachaliah, has suggested a radical reform in a much-debated law that enables the Centre to dismiss an elected state legislature. Article 356 can be applied only when serious 'subversion' of the Constitution takes place to the extent of leading to 'secession', the commission said
in its recommendations that
number 230.
It held that the three basics of the Constitution, 'parliamentary democracy, rule of law and secularism', cannot be altered or tampered with.
Justice Venkatachaliah said the most important part of the report related to electoral reforms and laws relating to the conduct of political parties.
The commission suggests abolition of the existing method of a Governor or the President inviting the leader of the single largest party or group to be sworn in as chief minister or Prime Minister.
Explaining the recommendation, an official said that after an election, the House is to be convened by a pro tem Speaker and the leader of the House elected by majority. The 'leader of the House is not to be chosen at Raj Bhavan (or Rashtrapati Bhavan) or after a headcount', the official said. 'This would avoid horsetrading and purchase of MLAs and MPs,' he added.
The commission rejected a paper calling for banning persons of foreign origin (read Sonia Gandhi) from occupying high constitutional positions. On three other issues sections of the ruling party have been pursuing, it is silent. It has recommended that the right to religion be made a non-suspendable right.
Education has been made a fundamental right.
Asked to comment on the foreign origin controversy, Venkatachaliah said: 'It is already in your knowledge. (P.A.) Sangma took up the issue and had gone to the press. The outcome is what Sangma had said. We have not contradicted him.'
Sangma, who had quit the Congress on this issue, resigned from the commission after his paper proposing the ban was rejected.
The commission has suggested that political parties submit a dossier of sorts on an election candidate to the Election Commission, which can reject it and ask the party to nominate another person.
It suggests an amendment to the anti-defection law to incorporate the concept of 'block method'. The current law allows recognition as a separate entity if one-third members (MPs or MLAs) of a party break away.
Under the recommended system, every political party will be treated as 'one block' and irrespective of the voting pattern of its individual legislators on a motion, only the majority block will count. For instance, if the Congress has 100 members and 60 vote against a motion and 40 for it, all 100 votes will be deemed to have gone against the motion.
If the commission's recommendation is accepted, truth will be made a defence in any contempt of court proceeding. Under existing law, a contempner cannot defend himself even
if he has proof of a judge's
misconduct.
The commission is also set to recommend a national judicial commission to appoint judges to the high courts and the Supreme Court and hear complaints against judges.