‘State govt spending unlawful’
JD (S) leader M C Nanaiah on Wednesday alleged in the Legislative Council that the ordinance promulgated by the Governor allowing the State government to spend out of the Consolidated Fund for the State was unconstitutional and unlawful.
Over Rs 10,000 crore have been spent by the government from the Consolidated Fund for the 2009-10 fiscal including Rs 2,500 crore under the ordinance issued by the governor. The ordinance was promulgated to allow the government to dip into the fund for flood rehabilitation work in flood-hit districts of North Karnataka in 2009.
Nanaiah claimed that the Governor did not have the power to promulgate the ordinance and the Government cannot spend from the fund without the approval of the legislature. “Under what provision was Rs 2500 crore spent from the consolidated fund? The approval of the legislature is a must for spending from the fund and we cannot approve the bill now,” the senior leader countered when the bill came up for consideration.
In response, Minister V S Acharya, the Leader of the House said that was no impropriety of funds or subversion of the constitution by the government. Reading out the commentary from Article 213 of the Constitution, which gives the Governor powers to issue ordinances, Acharya said “Nothing can bar the governor from issuing ordinances for appropriation in the absence of proceedings in the legislature.” Though, Nanaiah objected on grounds that commentary cannot be law, the bill was passed in the Legislative Council.
