Author: Sanjay Singh in New Delhi
Publication: Sify News
Date: June 10, 2004
URL: http://headlines.sify.com/news/fullstory.php?id=13494676&headline=Controversy~over~Sonia's~Cabinet~status
Law Minister H R Bharadwaj's remarks
that Sonia Gandhi could access Government files have provided ammunition
to the Opposition NDA to target 'Mr Clean' Manmohan Singh and the Congress
president for what it calls denigrating the office of the Prime Minister.
The Law Minister made it official
what had been informally being talked about for some time - that Sonia
is the numero uno in the Congress-led UPA Government. He was quoted as
saying that Sonia, as chairperson of the UPA and with her Cabinet rank
status, could call for any Government file. He also disclosed "real reasons"
for according her the Cabinet rank status. It was to ensure that no one
objects to her accessing the flies.
The BJP has grabbed the opportunity
to raise questions about the unconstitutional way Sonia was influencing
the decision-making process of the Government. BJP spokesperson and its
Deputy Parliamentary Party leader Vijay Kumar Malhotra said what the Law
Minister has said amounted to an attempt to create a "parallel extra- constitutional
super authority" to undermine the primacy of the Prime Minister's post.
"Just because Sonia happened to enjoy the status of a Cabinet minister,
it did not mean that she can summon any file. He has to explain to people
why she "renounced" the Prime Minister's post and say why she wants to
have access to files," he said.
Malhotra said the BJP was against
reducing the status and importance of constitutional posts like that of
the Prime Minister's and would resist all "designs" of the ruling alliance
to reduce the authority of the Prime Minister to that of a "regent" and
accord the status of a "queen" to Sonia.
The controversy has arisen at a
time when senior NDA leaders were closely observing the invitations to
Sonia from different heads of states including Pakistan and Nepal. These
invitations indicate that foreign dignitaries place more faith on Sonia
in matters of external affairs than on Prime Minister Manmohan Singh.
Legal and constitutional norms,
however, make it clear that Sonia, with her Cabinet rank status, cannot
access any Government file. First, she has not taken any oath of office
and secrecy. The oath is taken by Cabinet ministers, and those accorded
the Cabinet rank are not eligible for taking an oath, administered by the
President, sources said.
Second, the Government of India
(Transaction of Business) Rules, 1961, clearly states that only the Prime
Minister was entitled to call for any Government file for his pursual.
The only exception to this rule could be the Finance Minister but that,
too, is to a limited extent. The Finance Minister can call for files of
other ministries which have financial implications. There is a great deal
of difference between a Cabinet minister and those who get the Cabinet
status of a Cabinet minister, sources said.
A senior NDA leader pointed out
that the erstwhile United Front Government had named the then Telugu Desham
Party chief N T Rama Rao as its convenor. The UF Government also followed
a Common Minimum Programme but Mr Rama Rao was not accorded Cabinet rank
though he was provided with a bungalow which served as the secretariat
of the coalition. "Even though most constituents of that UF Government
are part of the ruling UPA, they seem to have forgotten the standards set
during their good old days," he said.
