Sandesh Prabhudesai
1 March 2002
After dissolving Goa Assembly on the eve
of the budget session, the state BJP government is now finding
ways to get the financial budget passed in the Parliament.
"Give me a day or two and I will let
you know the exact legal position. But I can assure you
that we can get it passed in the Parliament", claims
chief minister Manohar Parrikar.
While Governor Mohammed Fazal has dissolved
the Assembly within 32 months on recommendation of the cabinet
under provision of Article 174 (2) B, legal experts in the
state have been opining that it has created problems in
getting the budget passed.
The Assembly was scheduled to meet from
13 March, primarily to present the budget.
Adv Amrut Kansar, a former MP and a legal
expert, feels that the Parliament is empowered to pass the
budget only if the House is dissolved and President’s rule
is imposed under Article 356 of the constitution. "Dissolution
of the Assembly under Article 174 (2) B does not empower
the Parliament to pass the state budget", he states.
While flaying this argument, Parrikar claims
that there are multiple options available to solve the financial
problem of the state in such a situation. "Our constitutional
forefathers have predicted all such possibilities and provided
enough solutions to it", he adds.
The chief minister however admits that
he has no immediate solution to the problem and he has even
sought opinion of experts from the union finance ministry
on the matter. He is otherwise planning to issue an ordinance
and get it ratified from the to-be-elected new Assembly
in six months, under Article 206 r/w 210.
Parrikar was earlier speaking about Article
248, using residuary powers, to get the budget passed. But
Adv Cleofato Almeida Coutinho, another legal expert, has
pointed out that this article can be used only if proclamation
is issued under Article 356, by imposing President’s rule.
Adv Coutinho however has suggested an option
of using Article 249, wherein Parliament has powers to legislate
in respect of a state subject in national interest, provided
the Rajya Sabha declares by a resolution supported by two-thirds
majority, that Parliament should make a law in this regard.
Goa has been confronted with this issue
for the first time since the ruling BJP, even after dissolution
of the House, continues in power till fresh elections are
held. This is perhaps the reason why the opposition Congress
is demanding President’s rule in the state, demanding level-playing
field.
