Press Releases Archive

Let’s us consult Advocate General on Amending Societies Act: Dr. JP

Lok Satta Party President Dr. Jayaprakash Narayan today suggested that the Advocate General’s expertise be tapped when the Legislative Assembly takes up the Bill to amend The Andhra Pradesh Societies Registration Act, 2001for consideration.

In separate letters to the Speaker of the Legislative Assembly and the Advocate General, Dr. JP pointed out that Article 177 of the Constitution provided for the participation of the Advocate General in the proceedings of the Legislative Assembly.

He recalled that the Government had introduced the Bill despite the Opposition contention that the House has no legislative competence to enact such a law abridging the Fundamental Rights enunciated in 19 (1) C of the Constitution. “This is not a matter of policy, but a matter of Constitutional law. Therefore, the House needs to be guided by an appropriate authority while dealing with the Bill.”

In his letter to the Advocate General, Dr. JP said that the Bill provides for the 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 committee to manage the affairs of the society up to three years.’

Dr. JP said that 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. “But the restrictions sought to be imposed do not pertain to these subjects.”

Dr. JP said, “When there is a vital Constitutional question of this magnitude relating to the Fundamental Rights and Legislative competence, we need the guidance of a Constitutional expert. According to Article 177 of the Constitution, ‘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… This is a case in which your guidance and Constitutional expertise will be of great value to the House while it considers the important legislation.”

Dr. JP has shared the communication with the all floor leaders, concerned Ministers and the media.

Saturday, August 29, 2009 - 18:33

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

Saturday, August 29, 2009 - 18:20

Dr.JP's Letter to Speaker of Assembly

29th August 2009

Sri Kiran Kumar Reddy
Honorable Speaker
AP Legislative Assembly
Hyderabad

Esteemed Speaker Sri Kiran Kumar Reddy garu,

Kindly recall my formal opposition under Rule 96 (2) to the introduction of a Bill to amend The Andhra Pradesh Societies Registration Act, 2001 in the Legislative Assembly on August 28, 2009. Despite the clear and unambiguous provisions of the Constitution in Articles 19(1)(c), 19(4) and 13(2) prohibiting such an amendment, the State Government insisted on introducing the Bill. Now that the Bill has been introduced, it will be considered by the House whenever you allocate time for it.

The question all Opposition Parties raised is a fundamental one, and is unrelated to Government policy. The Opposition is objecting to the Bill on the ground that the House has no legislative competence to enact such a law abridging the Fundamental Rights enunciated in 19 (1)(c) of Part III of the Constitution. This is not a matter of policy, but a matter of Constitutional law. Therefore, the House needs to be guided by an appropriate authority while dealing with the Bill.

It is precisely to address such a situation that the Constitution has provided in Article 177 for the participation of the Advocate General in the proceedings of the Legislative Assembly. This is the very provision under which Ministers, who are members of the Legislative Council, can participate in Assembly proceedings. For instance, Sri K. Rosaiah, Hon’ble Minister for Finance and Legislative Affairs, is participating in the House proceedings under Article 177.

I, therefore, request you to invite the Advocate General to participate in the Assembly proceedings under Article 177 whenever the Bill comes up for consideration. In view of the importance of the issue, I am sharing this communication with the Leader of the House, the Minister for Legislative Affairs, the Minister for Endowments, Stamps and Registration, the Advocate General, all the Floor Leaders and the general public.

With warm personal regards,

Sincerely yours

Jayaprakash Narayan

Saturday, August 29, 2009 - 18:18

Lok Satta conference of women professionals

The Lok Satta Party is organizing an interactive conference with women professionals at 3-00 p.m. on Sunday, August 30, 2009 at Babu Jagjivanram Auditorium near Kothapet Rytu Bazar in Dilkushnagar.

About 400 professionals like doctors, lawyers, teachers and engineers are expected to take part in the conference dealing with the role of women professionals in promoting a better society.

Lok Satta Party President Dr. Jayaprakash Narayan will be chairing the session.

Friday, August 28, 2009 - 16:08

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