Gandhinagar, Sep 1: Gujarat Chief Minister Narendra Modi today wrote to Prime Minister Manmohan Singh demanding that Governor Kamla Beniwal be recalled over her controversial appointment of Lokayukta bypassing the state government.
Following up on the demand by the BJP central leadership that the Governor be recalled, Modi in the strongly worded letter to the prime minister also demanded that the Lokayukta appointment be annulled.
Modi said the Governor has "wrongly appropriated" the function of the duly elected State Government which is a "major subversion" of the Constitution of India
The letter came against the backdrop of the Governor appointing justice R A Mehta as Gujarat Lokayukta bypassing the BJP government last week. The post has been lying vacant for the last seven and half years.
"Governor of Gujarat in collusion with the Leader of Opposition issued Warrant of Appointment of a person who has been participating in quasi-political activities and campaigning against the State Government, as Lokayukta of the State without the advice of Council of Ministers," Modi said.
"Governor of Gujarat has wrongly appropriated the function of the duly elected State Government which is a major subversion of the Constitution of India and has an important bearing on our system of governance and federal polity of India," Modi said in the letter.
The appointment of Mehta was made as per Section 3(A) of the Gujarat Lokayukta Act which says that Governor shall appoint Lokayukta in consultation with Chief Justice of Gujarat High Court and Leader of Opposition.
"You are fully aware of the Constitutional provisions. The Article 163 of the Constitution is over and above Section 3 of the Lokayukta Act, 1986",Modi told the prime minister.
"The provision of any Act does not have a supremacy over provisions in the Constitution of India. In the same way, Lokayukta Act, 1986 gives power to the Governor under Section 3 of the Lokayukta Act but at the same time, the Governor has to work on the advice of the Council of Ministers as laid down in Article 163 of the Constitution," Modi argued.
Urging the prime minister to act, Modi said, "I request you to take necessary action for the annulment of aforesaid warrant of appointment of Lokayukta and immediate recall of Smt Kamla as Governor of Gujarat."
"Perusal of the Gujarat Lokayukta Act, 1986 shows that the word 'Governor' in Section 3 of the Acts means, the 'Government' and there are any number of Supreme Court judgements which clarified that the Governor has to act on the aide and advice of the Council of Ministers," Modi observed.
"There are no discretionary powers with the Governor to appoint Lokayukta without specific recommendations of Council of Ministers," he added.
"It is obvious that all of sudden, there is a deliberate ‘unique interpretation' by the Governor of Gujarat in the matter of appointment of Lokayukta of the State.
"In the past, many of the Governors by their dubious omissions and commissions, brought disgrace to the constitutional position. Subversion of constitution makes ordinary people, the backbone of democracy angry and weakens their faith in the democracy," Modi stated.
"I take this opportunity to urge you that as a Prime Minister having pledged to hold the Constitution of India, should not allow the subversion of the very same Constitution for petty gains," Modi further said.
"It may not be out of place to mention here that the Sarkaria Commission also recommended that in the states ruled by Opposition parties, instead of politicians, scholarly and reputed persons should be appointed as Governor," Modi said.
"Since the Governor is appointed under Article 155 by the President on the advice of the Council of Ministers headed by the prime Minister, it is your bounden duty to take note of subversion of the Constitution by the Governor and take remedial action," he asserted.
Modi's Letter To Manmohan Singh
