When the Governor of Manipur dishonoured the mandatory provision of Article 371 C, the citizen becomes insecure.
By R Daniel
Ours is a Socialistic pattern of democratic set up where Rule of Law prevails. The Governor is appointed under Article 155 of the Constitution and Hill Areas Committee (20 MLAs from Hill Area) are elected by the mandate of the people of about 8 lakhs for the purpose of legislation of the Hill Area matters as guaranteed under Cl. 1 of Art. 371 C. As such the Governor has no option but to act in accordance with the provision of this Constitution as enshrined under Art. 154.
Surprisingly, the Autonomous District Council Bill, 2008 was introduced in the Legislative Assembly of Manipur during the 3rd session of the 9th Legislative Assembly as recommended by His Excellency under Cl. 1 and 3 of Art. 207 as if Money Bill, whereas, ADC Act is not a Money Bill under Art. 110 and 119 of the Constitution.
Money Bill has its own technical term. It is different from Financial Bill. As per the provision of Cl. 3 of Art. 199, where there is two opinions as to whether a Bill is Money Bill or not? The decision of the Speaker of the Assembly shall be final. As such His Excellency has miserably failed to discharge his sovereign duty by converting ADC Bill 2008 into Money Bill without referring the matter to the Hill Area Committee, which is hit by Cl. 1 of Art. 371 C. Because ADC Act is within the purview of Schedule Matters as appeared in the item No.2 of the Second Schedule of Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly and also falls within the purview of Cl. 1 order 4 of the Hill Area Committee Order, 1972.
By virture of Cl. 2 of Art. 371C, the Governor of Manipur has no choice but to make a report to the President regarding the administration of the Hill Areas, ADC Act is one of the ingredients of the administration of the Hill Areas, as such His Excellency is to receive consent from the President before promulgating an Ordinance in respect of Hill Areas.
The rights and privileges of the Hill Area Committee “to consider” and give “recommendation” to the Government of the State relating to any Legislation or Executive action affecting the Hill Areas with respect to any Schedule Matters contained therein under Sub. Cl. 3 of order 4 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 can never be bypassed by the Governor in the event of Promulgating an Ordinance. This rights are derived from the source of mandatory provision of Art. 371 C of the Constitution.
No doubt, the Governor can promulgate an Ordinance under Art. 213 (1) however, that can be done only when all the Mandatory Rules and Regulation are duly complied with and exhausted. He cannot promulgate an Ordinance arbitrarily without observing Cl. (a), (b), (c) of the said Article and without attracting the spirit of Art. 371 C read with Sub-clause 3 of order 4 of the Manipur Legislative Assembly (Hill Area) Order, 1972. Otherwise the Ordinance promulgated from the back-door cannot survive and is binding in the eye of law.
There is no special provision to refer any Ordinance in respect of Hill Matter to the Council of Ministers. But there is special provision to refer the Schedule Matters to the Hill Area Committee at the event of Promulgating an Ordinance. This being the Special provisions? It can never be bypassed at any circumstances. Otherwise any Ordinance without observing and exhausting the said Rules and provisions shall be void abinitio and has no force.
The Governor might have done hard to see the day light in favour of the Hill People, but the Ordinance is amount to rope and sand because the best shall not be counted if it comes through the wrong forum.
If the Governor declines to stand down and come home, then the citizen may approach the President for intervention or knock at the door of the Temple of Justice to set the things right.
The Sangai Express
By R Daniel
Ours is a Socialistic pattern of democratic set up where Rule of Law prevails. The Governor is appointed under Article 155 of the Constitution and Hill Areas Committee (20 MLAs from Hill Area) are elected by the mandate of the people of about 8 lakhs for the purpose of legislation of the Hill Area matters as guaranteed under Cl. 1 of Art. 371 C. As such the Governor has no option but to act in accordance with the provision of this Constitution as enshrined under Art. 154.
Surprisingly, the Autonomous District Council Bill, 2008 was introduced in the Legislative Assembly of Manipur during the 3rd session of the 9th Legislative Assembly as recommended by His Excellency under Cl. 1 and 3 of Art. 207 as if Money Bill, whereas, ADC Act is not a Money Bill under Art. 110 and 119 of the Constitution.
Money Bill has its own technical term. It is different from Financial Bill. As per the provision of Cl. 3 of Art. 199, where there is two opinions as to whether a Bill is Money Bill or not? The decision of the Speaker of the Assembly shall be final. As such His Excellency has miserably failed to discharge his sovereign duty by converting ADC Bill 2008 into Money Bill without referring the matter to the Hill Area Committee, which is hit by Cl. 1 of Art. 371 C. Because ADC Act is within the purview of Schedule Matters as appeared in the item No.2 of the Second Schedule of Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly and also falls within the purview of Cl. 1 order 4 of the Hill Area Committee Order, 1972.
By virture of Cl. 2 of Art. 371C, the Governor of Manipur has no choice but to make a report to the President regarding the administration of the Hill Areas, ADC Act is one of the ingredients of the administration of the Hill Areas, as such His Excellency is to receive consent from the President before promulgating an Ordinance in respect of Hill Areas.
The rights and privileges of the Hill Area Committee “to consider” and give “recommendation” to the Government of the State relating to any Legislation or Executive action affecting the Hill Areas with respect to any Schedule Matters contained therein under Sub. Cl. 3 of order 4 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 can never be bypassed by the Governor in the event of Promulgating an Ordinance. This rights are derived from the source of mandatory provision of Art. 371 C of the Constitution.
No doubt, the Governor can promulgate an Ordinance under Art. 213 (1) however, that can be done only when all the Mandatory Rules and Regulation are duly complied with and exhausted. He cannot promulgate an Ordinance arbitrarily without observing Cl. (a), (b), (c) of the said Article and without attracting the spirit of Art. 371 C read with Sub-clause 3 of order 4 of the Manipur Legislative Assembly (Hill Area) Order, 1972. Otherwise the Ordinance promulgated from the back-door cannot survive and is binding in the eye of law.
There is no special provision to refer any Ordinance in respect of Hill Matter to the Council of Ministers. But there is special provision to refer the Schedule Matters to the Hill Area Committee at the event of Promulgating an Ordinance. This being the Special provisions? It can never be bypassed at any circumstances. Otherwise any Ordinance without observing and exhausting the said Rules and provisions shall be void abinitio and has no force.
The Governor might have done hard to see the day light in favour of the Hill People, but the Ordinance is amount to rope and sand because the best shall not be counted if it comes through the wrong forum.
If the Governor declines to stand down and come home, then the citizen may approach the President for intervention or knock at the door of the Temple of Justice to set the things right.
The Sangai Express
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