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Governor urged not to address joint session

Special Correspondent

Congress sees constitutional impropriety; Chaturvedi to seek legal opinion



AN APPEAL: Karnataka Pradesh Congress Committee President M. Mallikarjun Kharge (left) and Leader of the Opposition in the Legislative Assembly N. Dharam Singh speaking to presspersons after meeting Governor T.N. Chaturvedi at the Raj Bhavan on Wedne sday. — Photo: V. Sreenivasa Murthy

BANGALORE: Even as the new government is making arrangements for Governor T.N. Chaturvedi's second address of the year to the joint session of the legislature on Friday, the main Opposition party, the Congress, has appealed to him against doing so on the ground that he will be committing a "constitutional impropriety".

A delegation of Congress leaders, comprising Leader of the Opposition in the Legislative Assembly N. Dharam Singh, President of the Karnataka Pradesh Congress Committee M. Mallikarjun Kharge and others, called on Mr. Chaturvedi at the Raj Bhavan and presented a brief memorandum.

It was the argument of the Congress delegation that as the Governor addressed the joint session on January 19, 2006 and the process is incomplete (the previous government fell even before the motion of thanks to the Governor was adopted by the two Houses of the legislature), it will be an unconstitutional act on his part to address the joint session for the second time in the same year.

The memorandum said: "The provisions of Article 175 (1) and Article 176 of the Constitution are totally different and distinct." Action has already been initiated under Article 176 (special address by the Governor), which is mandatory, and the process is incomplete. It is a property of the House and he should not commit an unconstitutional act at the instance of the Government. Mr. Dharam Singh noted that under Article 175 (1) of the Constitution, the Governor has the right to address the legislature and send messages to it. But under Article 176, the Governor will address the legislature on behalf of the Government. The Congress leaders quoted the Governor as having said that he will obtain legal opinion before taking a decision.

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