Expressing his resentment over suspension of proceedings of the Legislative Councils following dissolution of the State Assemblies and proclamation of President's rule, well-known Supreme Court lawyer F S Nariman on Sunday underscored the need to amend relevant rules to make councils function during Presidents rule.
Speaking at the one-day seminar on “Role and status of the legislative councils,” organised by the Karnataka Legislative Council at Vidhana Soudha, Mr Nariman regretted that the Legislative Councils are reduced to ciphers following dissolution of assembly and proclamation of President’s rule.
However he appreciated the lead taken by Karnataka in “rectifying the serious constitutional lapse”.
He said there was more to parliamentary democracy than passing of bills when a state assembly is dissolved and the Governor assumes the responsibility of running the state under the directions of the Centre.
It was imperative that members of the Legislative Councils must continue to confabulate and advise on vital matters of state - but all this requires a drastic change of rules because the present rules don’t contemplate sittings of the Legislative Councils when the Assembly is dissolved or put under suspension.
“We must organise a movement to insist that rules of procedure under Article 208 should provide for the continued functioning of the Rajya Sabha and the Councils. Although governments or ministers will cease to exist on dissolution or suspension of the Assembly, the effect is not to dissolve all political parties as well. Where there are Legislative Councils, its members are certainly more representative than advisors of the Governor”, he observed.
He suggested that Karnataka and other states which have Legislative Councils to demand that they be given the chance to exercise their powers and responsibilities.
‘Mercy’ of Lower House
Andhra Pradesh Legislative Council Chairman Dr A Chakrapani expressed his unhappiness over council functioning at the “mercy” of the Lower House.
In his welcome address, Karnataka Legislative Council Chairman Prof B K Chandrashekhar stated that they have raised the issue of constitutional politics without questioning the operation of president’s rule.
Chief Justice of Karnataka High Court Justice Cyriac Joseph, who presided over the inaugural meet, remarked that due to “professional constraints” he would refrain from making direct comments on the topic. Jammu and Kashmir Legislative Council Chairman Ghulam Nabi Lone also spoke.
