House spl session not unconstitutional: Prestone to Mukul

Syllad | The Rising MeghalayaJanuary 24, 2020

SHILLONG: Deputy Chief Minister, Prestone Tynsong has categorically denied that the state government had committed “serious violation of the constitutional provision” during the Assembly’s special session held on January 20, for ratifying the Constitution (One Hundred and Twenty Sixth Amendment) Bill, 2019.

“It is not unconstitutional and it is not illegal at all by holding a special session be it towards the end of the year or be it at the beginning of the year as there is no binding or constitution or rules to restrict or indicate that if you have one day special session during the beginning of the year, the governor has to address the House,” Tynsong told reporters here on Friday.

According to him, the state government is not that “stupid” to hold a special session of the Assembly without taking into special consideration the guidance of the constitution of India.

The deputy chief minister, who is also in-charge of parliamentary affairs department, was reacting to the allegations made by the Leader of Opposition and former chief minister, Mukul Sangma that the state government has failed to fulfill the requirement of the provision of the Article 176 (1) of the Constitution of India.

In his complaints to the Governor RN Ravi and Assembly Speaker Metbah Lyngdoh on January 21, Sangma said, “this constitutional requirement could not have eluded the attention of the state government because in the event of the commencement of the first session of each year, the Governor has to address and “the Governor Address” has to be prepared and approved by the State Cabinet before sending to the Hon’ble Governor and subsequent printing… the constitutional provision regarding special address by the Governor as required under Article 176 (1) should have been part of the proceedings and the government represented by the minister in-charge parliamentary affairs and the Assembly secretariat could not have overlooked such important constitutional requirement.”

On the contrary to this, Tynsong further clarified that the special session convened by the Speaker is valid and it is not at all unconstitutional as alleged by the leader of opposition.

“This one as I said to you is a special session just to ratify the Bill, which was passed by both the Houses of Parliament, in the assembly and beyond that we have no other businesses and that also we approved in the Business Advisory Committee (BAC),” he said.

Asked, the deputy chief minister expressed that he was surprised that the leader of opposition did not raise the matter in the floor of the House during the special session and said, “He (Mukul) instead raised it outside the varanda and I was shocked.”

“If there are any lapses or any procedural break down, let us set it straight inside the House. I saw his statement today that the special session was unconstitutional, I think that is totally wrong and then the address of the Governor I would like to remind you again will be on the first day of the budget session which is to be held very shortly in the month of March,” Tynsong stated.

On the claim made by Sangma that he did not want to raise the matter in the House as it would have been a serious embarrassment for the august House, the deputy chief minister however said the question of embarrassment does not arise at all.

“When you set things straight be it especially inside the House, we welcome it. Because see how can you blame the Assembly’s special session as unconstitutional, I think the allegation is serious and he cannot do that… with due respect he should not do that,” he said adding “the government is not that stupid to hold a one day special session without taking into special consideration the guidance of the constitution of India.”