Sibal, Tankha write to Prez against one-man Shivraj govt in MP amid COVID-19
Tribune News Service
New Delhi, April 20
As the Shivraj Singh Chouhan Government in Madhya Pradesh continues to function without a Cabinet during COVID19 pandemic, Congress leaders and senior advocates Kapil Sibal and Vivek Tankha have complained to President Ram Nath Kovind against its alleged “undemocratic and unconstitutional functioning”.
Chouhan had taken oath as Chief Minister of Madhya Pradesh on March 23 after the Kamal Nath-led Congress resigned without facing a floor test ordered by the Supreme Court in the wake of resignations made by 22 rebel Congress MLAs loyal to Jyotiraditya Scindia.
In a letter to President Kovind, they complained that even after almost a month, Chouhan failed to form a Cabinet.
The two Rajya Sabha MPs specifically mentioned the promulgation of two ordinances relating to appropriation of funds amid the pandemic on the aid and advice of Chief Minister Chouhan alone as there was no council of ministers in the state.
‘The Madhya Pradesh Finance Ordinance, 2020’ and ‘The Madhya Pradesh Appropriation (Vote On Account) Ordinance, 2020’ authorise the Madhya Pradesh Government to seek an additional loan of Rs 4,443 crore and to withdraw Rs 10,00,66,74,81,000 from the Consolidated Fund of the State for the current financial year.
The duo said such an exercise went against the requirements of Article 164 of the Constitution—according to which the Governor is mandates to act on the aid and advice of Council of Ministers.
“In the absence of any discussion and deliberations in the Council of Ministers, as none exists there can be no Vote-on-Account. The whim and fancy of a one-man non-government, unknown to law, cannot be the basis of taking recourse to Article 213 of the constitution, the Ordinance making power,” the letter read.
Sibal and Tankha requested the President to direct the State of Madhya Pradesh to constitute a Council of Ministers; consider and pass the Vote-on-Account by following settled constitutional procedures; and withdraw the impugned ordinances.
Else, President’s Rule should be imposed in the state, if necessary, after summoning a report from the Governor of Madhya Pradesh, they demanded.
Taking such “momentous fiscal decisions”, required collective application of mind and a sense of collective responsibility in the cabinet was essential, they submitted.
“A decision to undertake transactions involving huge sums of money, without a cabinet in political hara-kiri,” they contended.
The Congress leaders also attacked Chouhan for setting up a Task Force of senior BJP leaders to advise the state government to deal with the pandemic, terming it an undemocratic exercise of power.
