NEWS

Breaching democratic convention : Protem speaker exceed mandate

The paralimentary democracy and its rich convention are being blantantly breach as constitutional provision are on stake today not only in the state but nation at large.Recent transition of power and taking over highest office of Democratic system are kept at arms length the way things are being handled by the power elite in Himachal Pradesh. Currently a new debate began in the state the way before taking oath of legislative assembly leader of Opposition was recognised on the whip of BJP Legislative party. It is worthwhile to mention here that former chief minister Jai Ram Thakur before taking oath as MLAs to former Chief Minister Jairam Thakur he was recognised Leader of Opposition by Pro Tem Speaker after having consent from Sukhu government as he was given cabinet rank . Jairam Thakur has been recognized as the Leader of the Opposition, but he has not yet taken the oath of MLA. Whether or not a member of the Legislative Assembly could be considered as LOP before taking the oath.  On the other hand, could the Pro Tem Speaker recognize any MLA as the Leader of the Opposition or not?  Usually this work comes under the authority of the regular speaker.According to the former speakers, apart from administering oath to the newly elected MLAs, the pro tem speaker does not have any other work and he does not remember any other work he has done so far. Now convention may be set to develop healthy democracy but if there is an emergency, then the matter is different.  Now what are the emergency situations in front of the Sukhu government, it is not being disclosed. This shows clear breach of norms. Does excutive are not aware of power and mandate of protem speaker. There is no reference of protem speaker in Vidhan sabha procedures and rule book. There is no mention of Pro Tem Speaker anywhere in the rules uploaded by the Vidhan Sabha on its website. Apart from this, there is no much mention in the rules regarding the rights and powers of Pro Tem Speaker. Pro Tem Speaker can give recognition to the Leader of the Opposition or not.  The Speaker has been giving recognition to the Leader of the Opposition, but this is probably the first time in the history of the Himachal Legislative Assembly that the Leader of the Opposition has been recognized by the Pro Tem Speaker before the MLAs are sworn in and the cabinet is formed. There is no mention about his powers either.  But according to constitutional conventions, when a new government is formed, the senior most MLA is made the pro tem speaker and does the work of administering the oath to the new MLAs.  After this, the House elects the Speaker and the Deputy Speaker. The convention of protem speaker may not be in written but any elected MLA who is senior most are appointed as protem speaker for administeration of oath till house did not elect regular speaker and deputy speaker.Gangu Ram Musafir, ex-speaker and MLA and minister for half a dozen times, said that he does not remember that pro tem speaker has ever used his powers at other places except administering oath to new MLAs. But he added that this is the first time that there has been such a delay in swearing in legislators and forming a cabinet after the declaration of results. Such situations have come to the fore for the first time. This is probably the first time this has happened. Congress leaders Rahul Gandhi and Priyanka Gandhi have been accusing the Modi government at the Center of tampering with the basic spirit of the Constitution and the Constitution. The decisions being taken by the Sukhu government will certainly come under the notice of these two Congress leaders.Does Congress and BJP as ruling and opposition or vice versa are fixing these things defying august tradition and high convention of legislative proceedings. It is being said that the Sukhu government has already arranged a new job for Chief Secretary IAS officer RD Dhiman before his retirement.  Arrangements have been made to crown Dhiman on the vacant post of Chief Information Commissioner from July.  To be crowned on this post, the Chief Minister, Deputy CM and LOP already hold a meeting and take a decision   It is being said that a meeting was held in this regard recently.  Barring exchange of pleasentary nothing has been made public in this regard. It was compulsion or so called emergency said that Jairam Thakur was recognized as the LOP through Pro Tem Speaker even before the MLAs were sworn in and the cabinet was formed. The big question is whether only an IAS officer who is the Chief Secretary  to arrange a new job for him before his retirement and is to retire on December 31, the Sukhu government recognized Jairam as the Leader of the Opposition through the Protem Speaker.  This post is vacant for the last six months.  Even after becoming the Speaker, forming the cabinet and administering oath to the MLAs, Dhiman could have been appointed as the Chief Information Commissioner of the state. It is well established today that Congress came to power riding on OPS and  job security to youth  it would have been better if the Sukhu government order to fullfill the vaccant posts  pending to fill up since day of Jairam government.  Recently, a delegation of youths met him to get the results of their jobs pending since 2021 declared.  It would have been better if Sukhu had given jobs to these youths before giving post retirement employement or jobs to an IAS officer as  IAS officers already have immense resources.  Not only this, the counseling for the posts of JBT for the dependents of ex-servicemen was done in Shimla district in October 2020.  His result has been pending since then.  There is no one to ask.  Similarly, the results of other youths are pending.  It is being said that Sukhu will be the Chief Minister of the IAS officers or the Chief Minister of the people and the unemployed youth.

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