Experts condemn developments, call it LS contempt

The virtual split of the Public Accounts Committee and election of Congress’ Saifuddin Soz as chairman by 11 of its members supporting ruling Congress-led coalition and they then passing a resolution rejecting the draft report on 2G scam prepared by its chief Murli Manohar Joshi has come for sharp criticism by the legal experts, saying the whole exercise goes against the parliamentary conventions.

The experts were of the view that the PAC basically is an “Opposition venture” to keep a check on the financial expenditure by the government and therefore, the majority in the panel is that of the Opposition parties.
Former Lok Sabha Secretary General Subhash Kashyap, considered an authority on parliamentary rules and procedures, even termed the attempt of the 11 members to appoint Mr Soz as chairman without taking the Speaker into confidence as “outright contempt” of the LS. “It is a outright contempt of the House (Lok Sabha) as well as the committee itself. It is a breach of the parliamentary privilege and what happened is most unfortunate against constitutional and parliamentary culture,” he said.
Mr Kashyap said the PAC is essentially a committee of the LS and not a joint committee as the seven MPs from the Upper House in it are only “associate members”. The RS MPs are considered associate members as the PAC deals with the financial matters on, “which are entirely in the province of Lok Sabha. So the chairman has to be a member of the Lok Sabha and that too from the Opposition,” he said. The appointment of Mr Soz as chairman for any purpose was not legal. “In law, Soz’s appointment is non-est. It does not exist in law. So amendments could be moved (by the full PAC),” Mr Kashyap opined.
However, Mr Kashyap, who had closely watched the functioning of Parliament for years, described the development “unfortunate” for the country’s democratic system. To a pointed question whether by forming a parallel PAC without taking the Speaker into confidence amounted to breach of privilege, Mr Kashyap said “Of course, it is an unfortunate incident and a breach of privilege. It is a contempt of the House and the committee (PAC).”
Though several other senior lawyers also had identical views, but they refused to be specific on the issue of “contempt” of LS or the breach of privileges, saying for that they would have to go deep into the procedural aspects and conventions guiding the functioning of the parliamentary system.

Post new comment

<form action="/comment/reply/70804" accept-charset="UTF-8" method="post" id="comment-form"> <div><div class="form-item" id="edit-name-wrapper"> <label for="edit-name">Your name: <span class="form-required" title="This field is required.">*</span></label> <input type="text" maxlength="60" name="name" id="edit-name" size="30" value="Reader" class="form-text required" /> </div> <div class="form-item" id="edit-mail-wrapper"> <label for="edit-mail">E-Mail Address: <span class="form-required" title="This field is required.">*</span></label> <input type="text" maxlength="64" name="mail" id="edit-mail" size="30" value="" class="form-text required" /> <div class="description">The content of this field is kept private and will not be shown publicly.</div> </div> <div class="form-item" id="edit-comment-wrapper"> <label for="edit-comment">Comment: <span class="form-required" title="This field is required.">*</span></label> <textarea cols="60" rows="15" name="comment" id="edit-comment" class="form-textarea resizable required"></textarea> </div> <fieldset class=" collapsible collapsed"><legend>Input format</legend><div class="form-item" id="edit-format-1-wrapper"> <label class="option" for="edit-format-1"><input type="radio" id="edit-format-1" name="format" value="1" class="form-radio" /> Filtered HTML</label> <div class="description"><ul class="tips"><li>Web page addresses and e-mail addresses turn into links automatically.</li><li>Allowed HTML tags: &lt;a&gt; &lt;em&gt; &lt;strong&gt; &lt;cite&gt; &lt;code&gt; &lt;ul&gt; &lt;ol&gt; &lt;li&gt; &lt;dl&gt; &lt;dt&gt; &lt;dd&gt;</li><li>Lines and paragraphs break automatically.</li></ul></div> </div> <div class="form-item" id="edit-format-2-wrapper"> <label class="option" for="edit-format-2"><input type="radio" id="edit-format-2" name="format" value="2" checked="checked" class="form-radio" /> Full HTML</label> <div class="description"><ul class="tips"><li>Web page addresses and e-mail addresses turn into links automatically.</li><li>Lines and paragraphs break automatically.</li></ul></div> </div> </fieldset> <input type="hidden" name="form_build_id" id="form-a352ff6b2b357a70f01e97566e64c4e1" value="form-a352ff6b2b357a70f01e97566e64c4e1" /> <input type="hidden" name="form_id" id="edit-comment-form" value="comment_form" /> <fieldset class="captcha"><legend>CAPTCHA</legend><div class="description">This question is for testing whether you are a human visitor and to prevent automated spam submissions.</div><input type="hidden" name="captcha_sid" id="edit-captcha-sid" value="81745140" /> <input type="hidden" name="captcha_response" id="edit-captcha-response" value="NLPCaptcha" /> <div class="form-item"> <div id="nlpcaptcha_ajax_api_container"><script type="text/javascript"> var NLPOptions = {key:'c4823cf77a2526b0fba265e2af75c1b5'};</script><script type="text/javascript" src="http://call.nlpcaptcha.in/js/captcha.js" ></script></div> </div> </fieldset> <span class="btn-left"><span class="btn-right"><input type="submit" name="op" id="edit-submit" value="Save" class="form-submit" /></span></span> </div></form>

No Articles Found

No Articles Found

No Articles Found

I want to begin with a little story that was told to me by a leading executive at Aptech. He was exercising in a gym with a lot of younger people.

Shekhar Kapur’s Bandit Queen didn’t make the cut. Neither did Shaji Karun’s Piravi, which bagged 31 international awards.