Early Times Report
Jammu, Jan 11: Quoting Supreme court's judgment regarding head of the government, the Member Legislative Council (MLC) Mohammad Muzaffar Paray has commented that "my government should be expunged from the address of the governor and the statement regarding policies and programmes should be made the chief minister.
In his written comment to Chairman J&K Legislative Council, quoted supreme court's judgment consisting of seven judges that had observed that in a case of titled Shamsher Sing vs state of Punjab and another bearing citation (1974) 2 Supreme Court 831 that the president is the formal constitutional head of the executive. The real executive powers are vested in the ministers of cabinet with prime minister at their head. Same can be said in respect of Governor where chief minister is real executive who can safely say "My Government".
"I feel much comfortable to quote noted parliamentarian Justice M.Rama Jois who in his notable treatise "our parliament" suggests that in view of sanctity attached to the post of Governor, he should make an address on following lines:- "This session of legislature has been convened in terms clause (1)of article 176 and I hereby inaugurate the session and declare it open. I call upon chief minister to place a statement of Government incorporating the policies and the programmes of the Government therein and direct legislature to discuss the same. Here in case of state of J&K
ection 50 clause 1 of the AK state constitution is more or less replica of the same", Paray mentioned in his comment.
MLC Muzaffar Paray today urged the House to expunge 'My govt' from governor's address. Quoting SC judgement, he said yhe Chief Minister was the head of the govt.
He further added, "It is not advisable for Governor to use the expression "My Government" as it is subject to amendments controversies, which result in the desecration and defilement of his high office. As said by me earlier that Governor is no doubt constitutional head of state but represents no political party or philosophy which later is stigmatized and maculated by way of amendments etc. He has to confine himself within the gamut of suggestions of M.Rama Jois and calls upon the head of Government viz chief minister to place the statement of the Government before House enshrining the policies and programmes of the Government."
He suggested that the expression "My Government" should be expunged from the address of the Governor and the statement regarding policies and programmes should be made by chief minister.
He further quoted Justice M.Rama Jois who in his said book mentions that then president of India Mrs. Pratibha Patel used the expression "My Government" 26 times, and sanctity of her address was diluted by 265 amendments from Rajya Sabha and 307 from lok Sabha.
"In view of these instances, I would propose that the expression "My Government" should be deleted from the address of Governor and he should remain confined to already stated format, to uphold the dignity, majesty and sanctity of his high office", he suggested.