Karnataka   

Nariman not for Legislative Council suspension during President’s rule

— 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 Karnataka, which is right now facing the problem of curtailment of the powers of its Council, to take the lead in 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. But the present rules did not provide for sittings of the council when the Assembly is dissolved or suspended. There is more to parliamentary democracy than passing of bills when a State Assembly is dissolved and the Governor assumes the responsibility of running the State under the directions of the Centre in the absence of Ministers, he said.

Wouldn’t it be more democratic for the Governor to consult the MLCs who represent different constituencies of graduates, teachers, local authorities and the like? The MLCs are certainly more representative than advisers to the Governor, appointed by the Centre from among bureaucrats, he said. He said, unlike MLAs who cease to be entitled to their perks and privileges, MLCs continue to receive their emoluments. Hence, they should be given more responsibilities during the dissolution or suspension of the Assembly. Mr. Nariman called upon the Legislative Councils to play an active role in questioning the Government’s policies. “This is one of the myriad ways for finding a cure to what many regard as the arrogance of an activist judiciary taking more and more executive and legislative power into its hands.” He expressed displeasure over disruption of house proceedings and said the members (MLAs and MPs) are paid to walk into the House and not to “walk out.”

In his message, former Chief Justice of India M.N. Venkatachalaiah observed that presidential proclamation, which had superseded operation of several articles of the Constitution, would have been appropriate only for the unicameral legislature system and not for the States which have bi-cameral system.

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