Dr.JP's Letter to Advocate General of AP

29th August 2009

Sri Seetarama Murthy
Advocate-General of AP
Hyderabad

Dear Sri Seetarama Murthy garu,

Kindly find enclosed my letter to the Speaker requesting him to invite you under Article 177 of the Constitution to guide the AP Legislative Assembly whenever the Bill to amend the Andhra Pradesh Societies Registration Act 2001, is taken up for consideration by the House. I am also enclosing the Bill for your information. The Bill provides for supersession of the (managing) committee of any society which is “not functioning properly or willfully disobeys or fails to comply with any lawful order or direction issued by the Registrar”, and appointment of a special officer or a committee to manage the affairs of the society up to three years,

I have formally objected to introduction of the Bill under Rule 96 (2) of the Assembly Rules, on the ground that such a law violates Article 19(1)(C) read with Articles 19(4) and 13(2). Under Article 19(4), the societies or unions can be regulated by a law imposing reasonable restrictions only in the interests of sovereignty and integrity of India, public order or morality. I have objected the introduction of the Bill as the restrictions sought to be imposed do not pertain to sovereignty and integrity of India, or public order or morality. The Minister concerned countered my objection on the ground that Article 19(5) provides for restrictions ‘in the interests of the general public’. I pointed out that Article 19(5) applies only to the rights conferred under Article 19(1)(d) and (e), and not to Article 19(1)(c). However, the Bill was introduced in the AP Legislative Assembly on 28th August 2009.

When there is a vital Constitutional question of this magnitude relating to the Fundamental Rights and the legislative competence of the House, we need the guidance of a Constitutional expert. Article 177 of the Constitution addresses such a situation. According to Article 177, “The Advocate-General for a State shall have the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly of the State,. … but shall not be entitled to vote”. This is a case in which your guidance and Constitutional expertise will be of great value to the House while considering this important legislation.

I have written to the Speaker of the Legislative Assembly to invite you to the House whenever the Bill comes up for consideration, so that the House can benefit from your expertise (Letter enclosed). As per the Article 177, the Advocate-General has the right to participate in the House proceedings at any time. I, therefore, request you to kindly make it convenient to participate in the proceedings of the Assembly when the Bill comes up for consideration.

In view of the importance of this issue, I am sharing this communication with the Speaker, all Floor Leaders, concerned Ministers, and the general public.

With warm personal regards,

Jayaprakash Narayan