Was the government formed in Maharashtra keeping the Constitution on hold? - AB TAK NEWS

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Sunday, 24 November 2019

Was the government formed in Maharashtra keeping the Constitution on hold?

Was the government formed in Maharashtra keeping the Constitution on hold?



"Anything can happen in politics and cricket at any time." This statement was made by senior BJP leader Nitin Gadkari a few days ago on the political situation in Maharashtra.

His words became true when most of the people of the country including Maharashtra went to sleep listening to the news of Shiv Sena chief Uddhav Thackeray becoming the next Chief Minister of the state but woke up in the morning when BJP leader Devendra Fadnavis took oath as Chief Minister. And along with him NCP chief leader Ajit Pawar was sworn in as Deputy Chief Minister.

For a few moments, were the general public the big journalists and many politicians who were able to smell every news of the political world.

Gradually the news started to open and it was known that in the night, the BJP offered to form the government with the support of Ajit Pawar.

After this, the Governor started the process of removing the President's rule in the state and the command of the state was handed over to Devendra Fadnavis in the early morning.

How did the game overturn throughout the night
The night of 22 November was recorded forever in the history of Maharashtra. How the key to power of Maharashtra came out from one coalition to another all night, it is very interesting in itself.

According to media reports, the entire game started late in the evening on 22 November when Ajit Pawar, nephew of NCP chief Sharad Pawar, approached Governor Bhagat Singh Koshyari with a letter signed by about 54 MLAs.

After this, late night Devendra Fadnavis met the Governor and presented a claim to form the government. He spoke of the support of NCP MLAs with him.

After this, the matter completely shifted to the capital Delhi. Governor Koshiyari apprised the Center of this entire development, after which information was sent to Rashtrapati Bhavan.

On Saturday, November 23 morning, at 5.47 minutes, the Center spoke of removing the President's rule in Maharashtra. In Maharashtra, the Governor imposed President's rule on 12 November.

With the removal of President's rule, the way for the formation of a new government in Maharashtra was cleared and then around 7.30 am, Devendra Fadnavis took oath at Raj Bhavan.

Is a constitutionally formed government?


The way the BJP formed the government overnight with the support of Ajit Pawar, the opposition parties are calling it unconstitutional.

Congress MP Ahmed Patel said, "Today is a black spot in the history of Maharashtra. Everything was done in the morning and in haste. Something is wrong somewhere. Nothing could be more embarrassing than this."

According to the news agency PTI, President Ram Nath Kovind, while signing his approval letter on the matter, wrote, "Under the rights given in clause two of article 356 of the Constitution, I am Ram Nath Kovind, President of India, by me on November 12. I order the President's rule imposed in Maharashtra on 2019, to be removed on 23 November 2019. ''

Constitution expert Ulhas Bapat, who monitors the politics of Maharashtra, believes that if we look at the rules of the Constitution, then nothing wrong has happened in it, but on the basis of morality, this is not a good example.

Ulhas Bapat says, "The Governor has the right to call any party to form the government, if he feels that any party can prove majority to form the government, he can send invitation to it . But the BJP had already told the governor not to form the government in such a situation, giving them a chance to form the government again is not right on the basis of morality.

How did the Cabinet approve?


President's rule was continued from 12 November in Maharashtra. It was removed on the night of 23 November and a government was formed after that.

The question is being raised that cabinet approval is required to remove President's rule, so how was the cabinet approval taken overnight?

This question was also raised by Congress leader Randeep Surjewal in the party's press conference.

In response to this question, Union Minister Ravi Shankar Prasad has said that this is a decision taken under Rule No. 12 of 'Allocation of Business Rules' and is perfectly correct from the legal point of view. "

Rule number 12 says that the Prime Minister has the right to take decisions on his own in extreme emergency (urgent) and unforgiveness contingency (a state of crisis that cannot be imagined).

Ulhas Bapat says about this, "It is stated in the constitution that whenever the President takes a decision, he takes cabinet approval for it."

Now it is not clear when the cabinet met in this matter. Yet according to the rules, if the Prime Minister alone approves the decision of the President, then that too is considered the approval of the Cabinet.

Question on the role of the governor


In the midst of the political drama in Maharashtra, the role of the Governor sitting in constitutional post has once again come under question. Questions are being raised that after all which MLAs of NCP received the letter of support and even if Devendra Fadnavis came to form the government, why did he not wait till morning?

The Congress accused Governor Bhagat Singh Koshyari of working for Amit Shah's interest.

Ulhas Bapat also agrees on this matter. He says, "In the oath that the governor takes, he talks about taking decisions in the interest of the people, but the reality is not like this." Actually, the post of Governor depends on the will of the Prime Minister. It is the governments that see the appointments of governors, so they also decide in favor of governments. This path started from the time of Indira Gandhi and now continues till Narendra Modi.

The way political circumstances are constantly changing in Maharashtra. In it, NCP chief Sharad Pawar once again claimed that most of his MLAs are with him. In such a situation, questions have started to be raised on the majority of the BJP government which has said to prove it.

On this, Ulhas Bapat says, "These things definitely serve to raise questions on the Governor. He should have asked Devendra Fadnavis that not only the signature of the MLAs who are with him to form the government should be present in the Raj Bhavan itself.

Khair Fadnavis's swearing-in case has now reached the Supreme Court. The Shiv Sena filed a petition challenging the oath taking of Devendra Fadnavis and Ajit Pawar. Now the country's highest court will decide how many rules were kept in this government made in the night.Question on the role of the governor

In the midst of the political drama in Maharashtra, the role of the Governor sitting in constitutional post has once again come under question. Questions are being raised that after all which MLAs of NCP received the letter of support and even if Devendra Fadnavis came to form the government, why did he not wait till morning?

The Congress accused Governor Bhagat Singh Koshyari of working for Amit Shah's interest.

Ulhas Bapat also agrees on this matter. He says, "In the oath that the governor takes, he talks about taking decisions in the interest of the people, but the reality is not like this." Actually, the post of Governor depends on the will of the Prime Minister. It is the governments that see the appointments of governors, so they also decide in favor of governments. This path started from the time of Indira Gandhi and now continues till Narendra Modi.

The way political circumstances are constantly changing in Maharashtra. In it, NCP chief Sharad Pawar once again claimed that most of his MLAs are with him. In such a situation, questions have started to be raised on the majority of the BJP government which has said to prove it.

On this, Ulhas Bapat says, "These things definitely serve to raise questions on the Governor. He should have asked Devendra Fadnavis that not only the signature of the MLAs who are with him to form the government should be present in the Raj Bhavan itself.

Khair Fadnavis's swearing-in case has now reached the Supreme Court. The Shiv Sena filed a petition challenging the oath taking of Devendra Fadnavis and Ajit Pawar. Now the country's highest court will decide how many rules were kept in this government made in the night.

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