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N.K.Assumi (Advocate)     03 August 2010

OMNIPOTENT POWER OF GOVERNOR

a Particular and fantastic Rules as reads as under:

POWER OF THE GOVERNOR TO AMEND:Notwithstanding anything contained in these Rules, the Governor shall have the right to amend any of these Rules at any time as and when considered necessary.             

POWER TO REMOVE DIFFICULTY: If ant difficulty arises in the application of these Rules, the Governor may  issue appropriate orders , as deemed necessary, for removing such difficulty.

POWER OF INTERPRETATION: If any question arises as to the interpretation of these Rules, it shall be decided by the Governor whose decision shall be final.................. And ofcourse there is no such provisions to lay before the Legislative Assembly as and when amendment are made, as it is the Governor having Omnipotent Power to make or break or modified and also to interprete which is final and binding on all,  by even excluding the Court to Judge its reasonableness. I think even during emergency in India such Rules and laws were not enacted. Please comments.                                                                               

 



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 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 August 2010

Assumi! I think you are misinterpreting the   power of Governor is not independent and all those can be used only with the advice of Govt. of that State which is responsible towards its assembly. So there is no special powers or interpretation over constitution as you refer.

N.K.Assumi (Advocate)     03 August 2010

Raj Sir, Thank you for the responds, and I absolutely agree with you. But please see the Interpretation provisions. I have posted in verbatim as it stands. Power of Interpretation:-If any question arises as to the interpretation of these Rules, it shall be decided by the Governor whose decision shall be final. Is it not an Omnipotent Power of the State,  all in the name of the Governor? And in the said Rules there is no provisions of laying down the same as is usually done in any change in the rules and the said Rules originated since 1965 without laying the same before the Legislative Assembly. The above said Rules is the latest Rules framed  in 2008 which is repromulugation of the said  Rules since 1965.

N.K.Assumi (Advocate)     05 August 2010

LCI members are aware that in every state there is a great temptations on the part of the State Political Executive to weild more and more powers, but it is  the role of the Opposition that counts a lot in a political democracy to control and discipline the State Political Executive. Unfortunately, in our State the role of the Opposition is equally irresponsibel as the Ruling Political Executives, as they have not questioned the wisdom of the Political Executives on such issues except on expenditures of the State Chequer. It is through the constructive role of the Opposition in the State Assembly Public awareness are created and the role of the NGOs begin to address the wrong committed by the Ruling party in the state resulting in advancement of the State. Unfortynately since the inception of the State to date, except the question of money, money, money all have been thrown out in the thin air and we still remain as what we were in the early 1960s. Indeed a very unfortunate state of affairs prevails in the State, with New Delhi watching the scene as if reading a comic Book.


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