HVK Archives: President is exceeding powers, say CPM, others
President is exceeding powers, say CPM, others - The Asian Age
Posted By Krishnakant Udavant (kkant@bom2.vsnl.net.in)
February 26, 1998
Title: President is exceeding powers, say CPM, others
Author:
Publication: The Asian Age
Date: February 26, 1998
CPI(M) general secretary Harkishan Singh Surjeet on Wednesday
accused President K.R. Narayanan of "transgressing his powers"
in the Uttar Pradesh crisis. Several other political leaders
attacked the President for reportedly urging Prime Minister I.K.
Gujral to recall Uttar Pradesh governor Romesh Bhandari.
Samajwadi Janata Party leader Chandra Shekhar said the office of
the President has come under a cloud with confidential letters
front him to the Prime Minister being leaked to the press.
Mr Surjeet, in a statement issued on Wednesday, said the
President has sharply criticised the role of the governor in his
letter to Prime Minister I.K. Gujral, a copy of which was sent
directly to the governor, while the Supreme Court in its order
directing a floor test in the Assembly has neither criticised Mr
Bhandari nor supported any one of the two contending parties.
On Tuesday, the President wrote another letter to Mr Gujral to
remove the governor. which was leaked to the press. alleged Mr
Surjeet. Mr Chandra Shekhar said there is no justification in the
demands for Mr Bhandari's ouster, and expressed surprise that the
President, after his meeting with Mr Atal Behari Vajpayee, had
written to Mr Gujral on an issue which is already before the
Supreme Court.
Neither the President nor the court seem to be concerned about
the status of the 12 Bahujan Samaj Party MLAs who had defected in
October in flagrant violation of the Anti-Defection Act, said Mr
Chandra Shekhar, adding that allowing them to vote may give Mr
Kalyan Singh an artificial majority in the crucial floor test on
Thursday.
A Samajwadi Party official termed the moves to have Mr Bhandari
recalled "improper" and uncalled for. "Jis tarah se Bhandariji ko
aaj victimise kiya ja raha hai, yeh galat hai (the way Mr
Bhandari is being victimised now is wrong)," said Samajwadi Party
official Amitabh Aadhar, he governor did whatever he though
best in difficult circumstances. To remove him will be improper,
he added. Asked if the Samajwadi Party will officially oppose
moves to remove Mr Bhandari, Mr Aadhar said only party president
Mulayam Singh Yadav could answer that. ut if you ask me, in my
opinion it is improper.
Mr Chandra Shekhar said Mr Bhandari had only excercised his
constitutional powers in inviting Mr Jagadambika Pal to form a
government and he alleged that the Kalyan Singh government had
been blatantly misusing the official machinery to further the
prospects of the BJP during the first round of polling in UP. The
former Prime Minister said while the President had the right to
write to the Prime Minister about the contact of governors. hat
surprises me is that Mr Vajpayee should disclose to the press
that Mr Narayanan will be writing to Mr Gujral in this regard.
Mr Surjeet quoted Article 74 of the Constitution which defines
the power of the President as subject to the advice of the Prime
Minister and his council of ministers.
r Narayanan as an experienced personality who had held various
offices in the foreign ministry. In the council of ministers and
as vice-president earlier, Mr Surjeet said, ut in the case of
the UP developments, the President has transgressed his powers.
The CPI(M) general secretary said the Supreme Court, in its
judgement in the Shamsher Singh vs State case, had clearly
defined the powers of the President. t would have been better
had the President gone through that case before taking any stand,
especially when the Supreme Court had asked the Assembly to meet
on February 26 to take a decision as to who among the claimants
had the majority.
Mr Surjeet said the President was aware of the present political
situation where no single party commands a majority and the new
Lok Sabha would come into existence within two weeks. The new
government would be in a position to take a firm decision about
the norms of appointment of governors and such other related
matters after wider consultations with different political forces
represent in parliament. He said he was confident that the
President would give due consideration to the views of the Prime
Minister and put an end to the present controversy.
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