Press Releases Archive

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

Lok Satta opposes rotation of Women seats in local bodies

The Lok Satta Party today welcomed the Government of India’s move to amend the Constitution to provide for 50 percent reservations to women in both rural and urban local bodies.

The party, however, took exception to the move to rotate the seats to be reserved for women as it will deprive a woman elected to an office the opportunity to nurse the constituency since she cannot contest from the same constituency the next time. Every election will witness half of the incumbents being forcibly unseated.

Talking to the media, party spokespersons Mrs. K. Geeta Murthy, Mrs. Y. Rama Devi, Mrs. S. Manorama suggested that the Government should make it mandatory for political parties to field women from 50 percent of seats in local bodies taking the district or an Assembly constituency as the unit. A party’s failure to field the requisite number of women candidates in a district or an Assembly constituency should entail a penalty. Women must have the opportunity to be reelected to office.

The Lok Satta leaders once again underlined the need for devolution of powers, resources and personnel on local bodies in tune with the constitutional amendments. Mere elections and reservations would not empower local bodies.

The party also suggested that all women elected to office both in rural and urban areas should be given training so that they could do justice to their jobs and grow into future leaders of the country.

Friday, August 28, 2009 - 16:05

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