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| Sanctity of even constitutionally so secure positions have been lost | | Som Nath Chatterjee should also take class of Speakers of the Legislative Assemblies | | Daya Sagar
A look through the mist
The allegations and statements made even on the floor of legislature are so easily lost in the roar and political gamesmanship. Legislators brutally handle the men and materials on the floor of the Assemblies/ Parliament. They are making full and undue use of DEMOCRACY.
“You are working over time to finish democracy in this country”…..” with great sorrow, sadness and resentment, I am forced to adjourn the House”. Had said Lok Sabha Speaker Som Nath Chatterjee to the members of Indian Lok Sabha on 28th February . What happened in Lok Sabha that day was not new . Many similar things had happened in the Lok Sabha during earlier years also. True, then Mr. Chatterjee was not occupying the Speaker’s chair. I would like to add that the sanctity of the Constitution and the Parliament/ State Legislature is being mercilessly violated.
What Mr. Chatterjee had disclosed was not new. Even a street hawker has been making such comments. But since this time Mr. Som Nath Chatterjee has made such comments in Lok Sabha he was given place in lead lines by the media. In a week’s time Mr. Chatterjee’s remarks have been buried under the stress and strain the common man suffers. The voter citizen that forms the bulk is so occupied for honestly earning even two square meals.
Damage is much more. The sanctity that the Constitution had enshrined in the seats of the Speaker of Legislative Assembly and Lok Sabha Speaker has today been lost in the number games. To quote, Mr. Tara Chand , the speaker of J&K Legislature is out to set all new standards. He is often seen holding Congress rallies and party functions as Congress MLA. Som Nath Chateerjee should have better sent caution to such like Speakers of assemblies as well .
Making statements on the floor of legislature ( allegations as made by MLAs against ministers by name ) , making commitments on the floor on behalf of Government ( like commitment made by Cabinet Minister Mangat Ram Sharma on 10-01-2008 regarding moving a bill for amending the Constitution to appoint a Delimitation Commission for MLA segments before 2026 ) and casually pushing the issues under the mat ( like brushing aside of the commitment as made by Mangat Ram Sharma by Ghulam Nabi Azad ) is being taken like simple dining room affairs . Mr. Somnath Chatterjee’s great sorrow, sadness and resentment could atleast find some place in the news lines. But there is no body to feel the depression that the VOTER CITIZEN is to day nursing.
After the elections are over and governments are formed, the Legislature is supposed work unitedly for the common national cause. Provisions for discussions and voting have been laid in the parliamentary procedures hoping that the legislators would work without and bias and favouritism. But today in case the ruling alliance/ party moves a bill to establish that moon shines during the day, the bill would be voted ‘Y’ by all the alliance MPs. Looking at it I would suggest that let only the leaders of Parliamentary party of a Political party and not all the MPs or MLAs sit in the Parliament . This would save lot of time and money.
The positions of Speaker of Legislative Assembly is that of an elder. He is supposed to not play any partisan role. Speaker is expected to stay away from party politics as long as he occupies the Chair. But speakers too have often come under questions of extending favours to party they belong . The bads have not ended there only. Some are even set in race to lay new standards of violation of constitutional ethics. The Speaker of J&K Legislative Assembly has been laying new stones for crushing the values a speaker is supposed to profess. He could be often seen in public meetings advocating for the successes of Congress party .
I would like to briefly mention here the constitutional position of a Speaker of Lok Sabha/ Legislative Assembly. The election of a Assembly Speaker and his removal from the position are at par with provisions as laid down for speaker of Lok Sabha.
Section -57 of Constitution of J&K lays down that the Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker. As per Sub Section ( c) of Section -58 the Speaker can be removed from his office only by a resolution of the Assembly passed by a majority of all the then members of the Assembly ( Article -93 of Constitution of India lays exactly same provision for the Speaker of Lok Sabha). Where as for all other ordinary purposes under Section-65 only 20 members of the Legislative Assembly form the quorum. Under Section 67 Sub Section (1) it is further provided that all questions at any sitting of a House of the Legislature shall be determined by a majority of votes of the members present and voting, other than the Speaker. Sub Section (2) of Section-65 lays down that the Speaker or or person acting as such can exercise only a casting vote in the case of an equality of votes. .It has also been provided that no resolution for removal of Speaker can be moved unless at least fourteen days notice has been given of the intention to move the resolution It has also been provided in the Constitution that whenever the Assembly is dissolved with completing its normal term ( presently 6 years in J&K ) the Speaker will not vacate his office until immediately before the first meeting of the new Assembly Sub Section ( 2 ) of Section – 60 provides that the Speaker shall have the right to speak in, and otherwise to take part in the proceedings of the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall be entitled to vote only in the first instance on such resolution during such proceedings but not in the case of an equality of votes . Section -72 Sub Section - (3) in respect of the powers, privileges and immunities of a House of the Legislature and- of the members a House of the Legislature lays that these may from time to time be defined by Legislature by law . Until not defined the same shall be those of the Parliament of India and of its members and committees. Article -93 & Article -96 of Constitution of India lays exactly same provision for the Speaker of Lok Sabha .
Mr. Tara Chand , the speaker of J&K Legislature is out to set all new standards. He is often seen holding Congress rallies and party functions as Congress MLA. Mr. Som Nath Chateerjee should have better sent some notes to such like speakers of assemblies as well . Tara Chand on 28 February chaired a high level meeting with government officers and discussed only the programmes of Khour area. The same day he attended a public meeting at village Mattoo in Khour Block ( Distt Jammu ) along with Ch Garu Ram ( a minister in Cabinet ) .Ch Garu Ram while appreciating the performance of Tara Chand said that the Khour Block is lucky enough to have hardworking and honest leader like Tara Chand. Mr. Tara Chand visited the areas adjoining his constituency along with government officers and addressed people at Ggriyaal and Darad. He even gave instructions to government officers and even advised the army officers where as as Speaker of Assembly he is not supposed to directly interact and pass instructions in the field. His tours appear simple political campaigns in his constituency. He had much more to plead in favour of Congress and against National Conference on 7th March 2008 while addressing a public rally at Khour. He was reported to have been there along with Ch Garu Ram and Mr. Taj Moi Din. The speaker of J&K Legislative Assembly was reported to have said ‘ “rajyae mein siraf congress hi logoan ko behtar sarkaar de sakti hai. National Conference logoan ko gumrah kar rahi hai. National Conference ke neta Jammu aur Kashmir mein alag alag raag alaapte hain. National conference always supports the militants. Congress party nein logoan ke saath jo vaedae kiyae thae bo sab poorae kiyae hain.” What more than this can be done to destroy the warmth of the Constitutional Chair as that of the Speaker. Mr. Som Nath Chatterjee should rather take class of all the Chairpersons/ Speakers of the Legislative Assemblies and explain to them the sanctity of their constitutional position. The position regarding selection of candidates by political parties for election to Legislative Councils as well as the Council of States/ Rajayae Sabha too needs to be critically analyzed with respect to the purpose behind the provision. May be we do not any more need these institutions. |
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