The Hindu : Kerala / Thiruvananthapuram News : Resolution flouts law, says Aryadan

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Resolution flouts law, says Aryadan

Special Correspondent

‘Against the Constitution and House rules’

Says resolution cannot be based on inferences
Sees support for deal from Muslim organisations

THIRUVANANTHAPURAM: Aryadan Mohammed, senior Congress legislator and former Minister, on Saturday, said the Assembly resolution against the Indo-U.S. nuclear deal was against Constitutional provisions and the Rules of Procedures of the House.

At a press conference here on Saturday, Mr. Mohammed said that under 119(b) of the Rules of Procedures, a resolution, based on inference, could not be moved. Similarly, under 119(d) a resolution could not be moved on a subject not a concern of the State government. The deal had not been signed and the resolution made inferences about it and its impact.

Mr. Aryadan, asserting that the Speaker should not have allowed the resolution to be moved, said it was against the provisions of Article 242 of the Constitution relating to the Seventh Schedule. The first list of the Seventh Schedule Section 10, 11, 13, and 14 related to powers that the Centre had on foreign affairs, diplomatic relations, treaty and agreements with foreign countries. The resolution also violated Article 253 of the Constitution related to Parliament’s prerogative in connection with international agreements.

The main thrust of the resolution was that India should not sign the agreement. Since this was based on inference and related to subjects that was the exclusive purview of the Centre, the resolution would not stand constitutional scrutiny. He had informed the Speaker that he had objections to moving the resolution and wanted to raise it when the House took it up. According to his information, K.M. Mani, Therambil Ramakrishnan and V.D. Satheesan had raised objections.

But the resolution was passed without allowing them to present their objection The drama was stage-managed to enable the government to dodge the objections and pass the resolution. The practice was to hold conciliatory talks when the House plunged into confusion during such Opposition action. But of late, the Speaker had not been resorting to attempts to arrive at a compromise. “Even if he desired to stick to procedures, he was at the mercy of the ruling majority of the government. He would require the support of the government to carry forward legislative business,” Mr. Aryadan said.

He suspected that the resolution was in support of China and only reflected the CPI(M)’s agenda. Its decision to withdraw support to the UPA government would only end up in ushering in the BJP under L.K. Advani. The Left parties had fired the first salvo in this direction, he said.

To a question, he said the CPI(M) had pushed for the Assembly resolution to please the Muslim community in the State. But the deal had been welcomed by a large number of Muslim organisations, including the All India Ulema Board, the Jamaath-e-Islami Hind and the All India Muslim Personal Law Board. Relating to the IUML’s policy on the agreement, Mr. Aryadan said the party was free to take its own independent line and that would never undermine the UDF.

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