Constitution expert Kashyap says Tendulkar has not violated RS attendance rules
Constitution Expert Subhash Kashyap said Monday that former cricketer Sachin Tendulkar had not violated any parliament-related attendance rules, and added that he was well within his rights to seek a leave of absence from the chair in writing.
"So far as the position under the Constitution rules is concerned, there is no irregularity involved in what has been done, because the provision is that if a person is absent consecutively for more than sixty days without permission, then his seat can be declared as vacant. In this case, the absence is not more than sixty days. And, even for more than sixty days, one can be absent without losing his seat by permission. In this case, permission has been granted."
Talking about the uproar over the issue, Kashyap said, "The entire controversy is I think around the issue that a person who accepts to be nominated to Rajya Sabha should pay due respect and priority to the business of the house. The person should be present as much as possible."
"If a person is consecutively absent for many days or for the whole session, like the budget session, so the question of propriety arises. So, basically it is a question of propriety, political morality, and constitutional culture and so on. But not of legality", he added.
Former cricketer Sachin Tendulkar is a nominated member of the upper house. Other members have recently raised an objection about his absence from the house.
He cited a medical emergency as the reason for his absence from parliament, but found the time to attend a felicitation ceremony for Commonwealth Games winners at Vigyan Bhavan, besides other commercial commitments around the country.
Tendulkar had been heavily criticized by his fellow MPs after it emerged that the Bharat Ratna awardee is yet to attend a single session in parliament this year.
(Posted on 11-08-2014)
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