Saidhulu Posted June 29, 2015 Report Posted June 29, 2015 Can Governor invoke Section 8 in Telangana? What one must recollect is that Section 8 is not a unique power. The Governor of any state has this power under Article 163 of the Indian Constitution. The governor is empowered to step in if there is a violation of the law and order under this Article of the Indian Constitution. Legal experts say that it is difficult to invoke Section 8 considering that there is an overriding provision in the Constitution. When the AP Reorganisation bill was passed in the parliament, there was no move to amend the constitution. As there was no amendment to the Constitution, this meant that 163 would be the article in play. No bill can override the provisions of the Indian Constitution unless and until there is an amendment. One must also read into Article 246 (7th schedule) of the Indian Constitution which deals with Public Order and Police. It has been listed as State List 1 and 2 which ideally would mean that law and order is under the state government. Hyderabad has been listed as a district in Telangana and going by Article 246 the law and order would be under the control of the state. Mohan Kumar a senior advocate tells OneIndia that there has been no amendment to the Constitution. Section 8 of the AP reorganization act seems to have been passed only to give some sense of sanity to those people of Andhra living in Hyderabad under Telangana state. There is no way that Section 8 can override the provisions of the Constitution. If Section 8 needs to come into force then there has to be a Constitutional amendment and there is none at the moment, Kumar also says. What can the Union Government do? The battle of the Chief Ministers of AP and Telangana (Chandrababu Naidu and K Chandrasekara Rao) has reached the Union Government. The battle over the cash for votes investigation is the bone of contention here and Naidu wants Section 8 to come into play as he feels that the law and order mechanism controlled by Telangana will not give him a fair deal. This brings us to the question as to what the Union Government can do. For starters Naidu's case is being probed by the Anti Corruption Bureau and not the Telangana police. The union government could at best bring both Chief Ministers to the negotiating table and ask them to stop fighting. Under Article 246, the Union Government cannot issue a directive to Telangana to hand over the control of law and order to the Governor. The governor's role comes into play only if there is a breakdown of law and order in the state and not if there is a fight between the Chief Ministers. Various provisions in the Constitution and also judgments of the Supreme Court have provided a protection to the state governments from being ruled or bullied by Governors.
Saidhulu Posted June 29, 2015 Author Report Posted June 29, 2015 one line pls Section 8 of the AP reorganization act seems to have been passed only to give some sense of sanity to those people of Andhra living in Hyderabad under Telangana state. There is no way that Section 8 can override the provisions of the Constitution. If Section 8 needs to come into force then there has to be a Constitutional amendment and there is none at the moment, Kumar also says.
.thumb.jpg.ce42bb16ec102475a78c2087ce269c7d.jpg)
Recommended Posts