Congress lawyers VivekTankha and Kapil Sibal have written a letter to the President, alleging that MP Government is 'One Man Government' and that it should be dissolved.
They have pleaded that Chief Minister of Madhya Pradesh Shivraj Singh Chouhan is running the state government all by himself after he sworn-in as CM on 23rd March and hasn’t expanded his council of ministers. But, almost a month later, all the ministry posts remain unoccupied. This includes the health ministry which is the most important in because of the ongoing coronavirus crisis.
There’s a need of judicial pronouncement on the break on governance in Madhya Pradesh, since the state government is unconstitutionally functioning. In a letter by Tankha on 11th April, he has stated, “With utmost regret whilst India and the world is battling COVID-19 I feel compelled to write against the illegally designed and poorly conceived one-man show unconstitutionally thrust upon 7. 5 crore people of Madhya Pradesh. This shenanigan gravely impacts and imperils the war against coronavirus.”
They added “It is a matter of constitutional shame that Madhya Pradesh holds the dubious record of functioning without a government. That too for the longest time in our constitutional history”.
‘Is one-person government unconstitutional?’
No. This is because the Constitution hasn’t laid down a time- frame to submit the list of nominees for the induction of council of ministers. However, the governor has to act with the aid and advice of the council of ministers headed by the chief minister. And a one-man cabinet cannot be said to be a substitute for a council of ministers.
The Constitution is silent on the time-frame by which a chief minister has to induct other ministers into the cabinet, as the framers of the Constitution didn’t anticipate such a scenario. The time has come to lay down laws on such an important aspect.
‘Relevant Articles Mentioned’
The letter refers to Article 163 of the constitution, which mandates the council of ministers and advice of Governor for the state government and Article 164A which requiresthat the council of ministers should not be less than 12. They’ve stated that “here the Council is missing, only the head exists”.
They said, impugning an Ordinance under Article 213 of the Constitution, in fiscal matters, can only be used in extra-ordinary circumstances. Exercising this power without following the proper procedure and taking course in Article 213, is unconstitutional.
‘Steps to be taken’
With the state witnessing a disturbing surge in coronavirus cases and Indore emerging as one of the worst-affected hotpots in the country, they’ve requested the President to intervene and that he shall direct the state government-
- to constitute a council of ministers,
- to consider &pass the vote-on-account by following settled constitutional procedures, and
- towithdraw the unconstitutional ordinances related to appropriation of funds from Consolidated fund of the State amid COVID-19.
The senior lawyers have also urged the President, that in the absence of the request, he shall summon a report from the Governor of state and impose President’s rule if necessary in the state because of the complete breakdown of its constitutional machinery.
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