Excelsior Correspondent
JAMMU, Aug 17: Accusing BJP national general secretary, Ram Madhav of attempting to encroach upon the powers of the Governor, Harsh Dev Singh, JKNPP chairman and former Minister, questioned the locus- standi of the BJP leader in issuing statements over subjects which fell under the exclusive domain of the Governor as head of the State.
He was referring to the interview given by Madhav to a news web portal regarding continuation of suspension of Assembly, continuation of Governor rule and its subsequent replacement by President rule. He said that Ram Madhav’s highly authoritative announcements amounted to invasion into sovereign authority and autonomy of Governor as the Constitutional head of the State. Click here to watch video
Singh who was addressing a press conference here, today said while Madhav has been fiddling with the affairs of the State in the past as well, his remarks over Constitutional matters were wholly uncalled for and unwarranted. It was not for Madhav to decide the period of suspension of Assembly and continuance or otherwise of Governor rule which was the prerogative of the Governor under Section 92 of the State Constitution, he added.
He said that the Governor had to decide the issue in concurrence with the President of India in terms of the mandate of Section 92 of State Constitution and a simple office bearer of a political parity had no role in the process and could not over ride the most sacrosanct enactments of law.
He said how could Ram Madhav make such authoritative statements that the State Assembly shall continue to remain in suspended animation which too was to be decided by the Governor in conformity with set procedures, Constitutional provisions and precedents. He pointed out that court rulings as well as Constitutional position on the subject was unambiguously clear that if no party or combination of parties was in a position to form the Government, the only option was to dissolve the Assembly.
He said that even the Apex Court in a plethora of judgements and relying on justice Sakaria Commission report laid down that suspension of Assembly can’t be allowed for indefinite period as that would be violative of spirit of Constitution besides paving the way for unethical moves in Government formation. The issue however was to be decided by the Governor in the light of existing position of law and legal precedents and a political office bearer could not issue such directives on the subject, said Singh.
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