Karnataka - Bangalore   

Nariman opposes suspension of council proceedings

— Photo: V. Sreenivasa Murthy

Meeting of minds: (From left) Chairman of Karnataka Legislative Council B.K. Chandrashekar; Senior Advocate of Supreme Court of India F.S. Nariman; Chief Justice of Karnataka High Court Cyriac Joseph; Chairman of Andhra Pradesh Legislative Council A. Chakrapani; and Chairman of Jammu and Kashmir Legislative Council Chairman Ghulam Nabi Lone, at a seminar in Bangalore on Sunday.

BANGALORE: Legal expert and senior advocate of the Supreme Court Fali S. Nariman, on Sunday, took exception to the practice of suspending the Legislative Council proceedings during President’s rule and called for a change in the rules.

Inaugurating a seminar on “Status and working of Legislative Council”, organised under the auspices of the Karnataka Legislative Council here, he stressed the need for organising a movement supported by the members of the Legislative Councils of various States to demand framing of new rules to provide for a seamless functioning of the Upper House even during President’s rule. Further, the members of the Legislative Council could also be permitted to advise the Governor when the Assembly is dissolved.

Mr. Nariman urged Karnatakato lead such a movement. The Constitution has made it clear that the MLCs should continue to advise on vital matters of the State even when the Assembly is dissolved. The council is now “reduced to a cipher and its members are under a compulsion not to perform their duties”. “If we believe in parliamentary democracy we have to rectify this,” he said.

He said, unlike MLAs, MLCs continue to receive their emoluments. Hence, they should be given more responsibilities during the dissolution or suspension of the Assembly.

Chief Justice of Karnataka High Court Cyriac Joseph sought to put an end to the debate on which of the three pillars of democracy — legislature, judiciary and executive — are supreme. “Actually, it is the Constitution which is supreme,” Mr. Cyriac Joseph said.

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