The Hindu : Andhra Pradesh News : Appropriation Bill adopted

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Sunday, Jun 06, 2004

Andhra Pradesh

Andhra Pradesh

Appropriation Bill adopted

By Our Special Correspondent

HYDERABAD, JUNE 5. The State Assembly adopted the Andhra Pradesh Appropriation (vote on account) Bill, 2004 on Saturday, after it witnessed a short but lively debate on the constitutional validity of the ordinance issued by the `caretaker Government.'

The Bill, authorising the State to withdraw sums not exceeding Rs. 14578,87,76,000 (fourteen thousand five hundred seventy eight crores eighty seven lakhs and seventy six thousand) from and out of the Consolidated Fund of the State of Andhra Pradesh for a part of the financial year commencing April 1, 2004, replaces the ordinance promulgated by the Governor on March 31.

As the Speaker, K.R. Suresh Reddy, asked the Finance Minister, K. Rosaiah, to introduce the Bill, the former Finance Minister and TDP MLA, Y. Ramakrishnudu, wanted to know if Mr. Rosaiah was `convinced' since he had contended in the past that the ordinance was `unconstitutional.' As per the convention, one should speak only if convinced and in case Mr. Rosaiah remained unconvinced, the Chief Minister or some other Minister could introduce the Bill. The Finance Minister should spell out the reasons if he was convinced.

Recalling what he had stated earlier, Mr. Rosaiah maintained that as per Article 213 of the Constitution, the Governor had powers to promulgate an ordinance when the Assembly was in recess. But since the post-Assembly dissolution period was not a recess phase, the caretaker Government had no right to advise the Governor. He said that he had also, at that time, advised the caretaker Government to quit so that President's Rule could be imposed and the Governor would have complete authority.

The Finance Minister said he still held the view that the ordinance promulgated then was not constitutional. The Government had no other alternative but to rectify the `mistakes' committed by the previous regime and replace the ordinance with a Bill.

While Mr. Ramakrishnudu maintained that the ordinance was issued in accordance with constitutional provisions, after obtaining legal opinion, the ruling Congress, CPI (M), CPI and TRS members felt that it was unconstitutional and had set a `bad precedent.' Later the Bill was introduced and passed without any discussion.

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