BJP Gen Secy acting as extra constitutional authority: Harsh

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BJP Gen Secy acting as extra constitutional authority: Harsh

8/17/2018 11:40:24 PM

Early Times Report

Jammu, Aug 17: Accusing Ram Madhav of attempting to encroach upon the powers of the Governor, Harsh Dev Singh JKNPP Chairman and Former Minister questioned the locus of the BJP National General Secretary in issuing statements over subjects which fell under the exclusive domain of the Governor as Head of the State.
Addressing media persons, he was referring to the interview given by Madhav to a news web portal regarding continuation of suspension of Assembly, continuation of Governor Rule and its subsequent replacement by President Rule. He said that Ram Madhav's highly authoritative announcements amounted to invasion into sovereign authority and autonomy of Governor as the constitutional head of the state.
While Ram Madhav has been fiddling with the affairs of the state in the past as well, his remarks over constitutional matters were wholly uncalled for and unwarranted. It was not for Ram Madhav to decide the period of suspension of Assembly and continuance or otherwise of Governor Rule which was the prerogative of the Governor under sec 92 of the state constitution. He said that the Governor had to decide the issue in concurrence with the President of India in terms of the mandate of sec 92 of state constitution and a simple officer bearer of a political parity had no role in the process and could not over ride the most sacrosanct enactments of law.
And how could Ram Madhav state make such authoritative statements that the state Assembly shall continue to remain in suspended animation which too was to be decided by the Governor in conformity with set procedures, constitutional provisions and precedents, said Harsh. He pointed out that court rulings as well as constitutional position on the subject was unambiguously clear that if no party or combination of parties was in a position to form the govt, the only option was to dissolve the Assembly. And as regard the statement of Ram Madhav that Governor Rule shall be followed by presidents Rule is equally contemptuous and derogatory, remarked Singh. He said that imposition of President Rule is again to be determined under Art 356 of the constitution which is the prerogative of the president of India. He said that the life of proclamation under sec 92 being six months there is no provision for its renewal and in case a situation arises where its not conducive to restore or install democratic govt, the only alternative is the invocation of Art 356 for which the proclamation is to be issued by the president. Again it is for the Election Commission to certify whether the situation is conducive for elections or not, maintained Singh. He said that Ram Madhav who has been unduly medalling in the administrative functioning of the state must stop acting as extra constitutional authority and refrain from making statements which are the exclusive prerogative of Governor or the President of India.

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