Senior Advs, Vivek Tankha &Kapil Sibal writes to Prez Kovind, Seeks President’s Rule or Constitute a Council of Ministers.
(Judicial Quest News Network)
Congress Rajaya Sabha MPs Vivek. Tankha and Kapil Sibal has written to President Ram Nath Kovind seeking imposition of President’s rule in the state recently acquired unconstitutionally by BJP after Jyotiraditya Scandia’s revolt. The Congress MPs said that Article 163 of the Constitution mandates “There shall be a council of Ministers with the Chief Minister as the head to aid and advice the Governor in the exercise of his functions”
They Kapil Sibal & Tankha pointed out that the entire nation and world is in the grip of coronavirus Pandemic yet there is no health minister in the state and One-Man Government without a Cabinet would be am unthinkable constitutional anathema.
In the midst of combating COVID 19 we cannot jettison our constitutional responsibilities. Otherwise posterity will not forgive us.
Indore today is the epicentre of the spread of the virus hosting 80% of Coronavirus infections. Bhopal earlier witnessed the collapse of the health department with the hierarchy of its officers infected.
In the absence of a Health Minister, the infected personnel continued to discharge their duties. Today the department in Bhopal is completely dysfunctional.
“With utmost regret whilst India and the world are battling COVID-19 I feel compelled to write against the illegally designed & poorly conceived one-man show unconstitutionally thrust upon 7.5 crore people of Madhya Pradesh. This shenanigan gravely impacts and imperils the war against coronavirus.”
They further Submitted that “the Chief Minister was administered the oath of office on March 23rd, 2020. No legal impediment stood in the way for him to constitute the cabinet. Since then 28 days have gone by. The magnitude of the momentous fiscal decisions taken mandate collective application of mind, the essence of collective responsibility in the cabinet form of government. In the absence of any discussion and deliberations in the Council of Ministers, as none exists there can be no Vote-on-Account. The whim and fancy of a one-man non-government, unknown to law, cannot be the basis of taking recourse to Article 213 of the constitution, the Ordinance making power “.
In his earlier letter dated 11-04-2020 Vivek Tankha had stated that Alternatively, if the Chief Minister is unable to form his Cabinet because of issues beyond his control, then a case of breakdown of constitutional machinery will be self-evident in the state of Madhya Pradesh, warranting the Union to consider the imposition of President’s Rule in the state.
They further submitted that “As Senior Advocates of the Supreme Court, and members of Parliament, we are well conversant with parliamentary procedures and practices.
There is little scope for departure of settled constitutional practices in fiscal matters. Articles 202 to 206 of the Constitution provide for the procedures to be followed in dealing with the finances of the State.
The Constitution like the Magna Charta is the Gita of the Rules of Financial Business.
The unprecedented departure of the Rules of Business, settled principles of accountability, collective responsibility of the cabinet as well as parliamentary procedures makes the unilateral acts of the Chief Minister imbued with illegality.
They said in the letter that the present one man-Government have passed two ordinances
- Madhya Pradesh Finance Ordinance 2020 and the Madhya Pradesh Appropriation(Vote on Account) Ordinance,2020. They authorize the state Government to seek an additional loan of Rs.4,443 crore and to withdraw Rs.10,000,66,74,81.000 from the Consolidated Fund of the State for the current Financial; Year
The MPs have tus urged President to intervene in the matter to ensure that the State of Madhya Pradesh is directed to
(1) Constitute a Council of Ministers;
(2) To consider and pass the Vote-on-Account by following settled constitutional procedures
(3) To withdraw the unconstitutional ordinances No. 1 & No. 2 of 2020.
The MPs have also opposed the formation of the “task force” comprising of Senior BJP leaders to advice the State Government in tackling the COVID-19 Pandemic.
[Read the Letter]
