NEW DELHI: The Delhi high court on Wednesday approved the decision of the Centre to nominate cricketer Sachin Tendulkar to the Rajya Sabha.
Dismissing a PIL challenging Tendulkar's nomination to the Upper House, a division bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw agreed with the Centre's argument that his craft is an art for which he deserves to be considered an artist.
Additional solicitor general Rajeev Mehra and standing counsel Neeraj Chaudhari had maintained on behalf of the Centre that Tendulkar's nomination is as per constitutional provision that also allows induction of experts from the field of sports.
They had said the provision under Article 80 of the Constitution is not confined to inducting experts only from the fields of science, arts, literature and social services, but also from sports, education and other disciplines.
The court had on November 21 reserved its order on the PIL filed by Ram Gopal Singh Sisodia, a former Delhi MLA, challenging Tendulkar's nomination alleging that he does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
"A bare reading of the article makes it clear that the person to be nominated should have special knowledge or practical experience in matters like literature, science, arts and social service, but the expertise so required for nomination is not confined to the specific illustrations given in the article," he had said in his petition.
In an affidavit to the HC, the Centre had earlier said, "The special knowledge and practical experience required for the purpose is not confined to the said four categories only but would also include categories like sports, education, law, history, academics attainments, Indology, economics, journalism ... or other similar fields of human endeavour."
Appearing for Sisodia, his counsel R K Kapoor had told the bench that the Constitution allowed the government to nominate to the Rajya Sabha persons only from four disciplines — arts, science, literature and social science — and argued that the nomination of a sportsperson to the Upper House was unconstitutional.
Delhi HC dismisses PIL challenging Tendulkar's nomination to Rajya Sabha
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Delhi HC dismisses PIL challenging Tendulkar's nomination to Rajya Sabha
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Delhi HC dismisses PIL challenging Tendulkar's nomination to Rajya Sabha
