Karnataka guv seeks changes to his speech ahead of joint sitting

Karnataka governor objects to 11 paragraphs in his speech for the joint legislature session, seeking state cabinet approval to drop them, amid controversy.

Karnataka governor Thaawarchand Gehlot has raised objections to 11 paragraphs in his customary address to the joint legislature session, scheduled on Thursday, and sought the state cabinet’s approval to drop them, said state law minister HK Patil on Wednesday.

The Karnataka special session has been convened from January 22 to 31 to discuss the Centre replacing MGNREGA law with VB-G RAM G Act. (ANI)

According to Patil, those 11 of the 100 paragraphs in the governor’s speech have references to the Centre’s purported discrimination in the devolution of funds. After meeting chief minister Siddaramaiah, Patil said it has been decided to change some provisions in seven of the 11 paragraphs as suggested by the governor. But there’s no question of dropping the paragraph related to VB-G RAM-G, he added. The same has been conveyed to Lok Bhavan by Siddaramaiah’s legal advisor and MLA, AS Ponnanna, late on Wednesday.

The development follows the fiasco that took place in Kerala, another non-BJP ruled state, on Tuesday, when governor Rajendra Arlekar, had skipped parts of his speech where the state had criticised the BJP-led central government, and Tamil Nadu governor RN Ravi had walked out of the state assembly without reading the speech saying it was not “factually” correct.

The Karnataka special session has been convened from January 22 to 31 to discuss the Centre replacing MGNREGA law with VB-G RAM G Act.

“Articles 176 (A) and 163 of the constitution mandate the governor shall address both the Houses of the legislature with the speech prepared by the cabinet,” Patil told reporters after meeting the governor earlier in the day. “The governor has expressed his reservations over 11 paragraphs in the speech, which he wants to be dropped. The government’s opinion is they cannot be dropped.”

Patil said the 11 paragraphs pertain to concerns regarding the Centre allegedly allocating lesser funds in the tax devolution, reduction in the share in the 15th finance commission, delay in release of drought relief funds and MGNREGA. “We had to approach the Supreme Court seeking a direction to the Centre to release the funds from the NDRF for drought management, while VB-G RAM G has snatched the right of employment in rural areas,’’ he added.

Patil said the governor has not refused to address the joint session but wants the paragraphs to which he has reservations to be dropped. “We have requested him to address the session and his demand to drop the paragraphs will have to be discussed with the chief minister,” he said.

When asked what would happen if the governor refuses to come to the session, Patil said: “We will cross the bridge, when we come to it.’’

Siddaramaiah’s legal advisor and MLA, AS Ponnanna, who was part of the delegation, told the media that there was no question of Gehlot skipping the legislature session. “The constitution is still alive and Article 176 (A) mandates that the governor shall address the joint session of the legislature. The Constitution is above all, including the president and governor,’’ he said.

Ponnanna said the government is ready to amend the usage of the sentences in the speech. “But asking us to completely drop the government’s stand on issues is not possible,’’ he added. Asked whether a constitutional crisis has arisen with the governor declining to read the speech, he said: “We will come to know tomorrow. There have been precedents of governors in other states skipping the speech or walking but absenting from the House or not reading is not a good development.’’

Karnataka former advocate-general BV Acharya said, while Article 175 of the Constitution gives the right to the governor to address the state legislature, Article 176(A) mandates him to address both Houses of the legislature at the start of the session following each general election and the first session of the year.

“However, a peculiar situation has arisen as it’s a special session convened now to discuss the Centre repealing MNREGA with VB G-RAM-G. According to the governor he has reservations on reading the speech. The crux of the matter is how can he read a speech to which he has reservations. It is now a matter of controversy whether the session convened is valid,’’ Acharya said.

Patil said that the governor has not refused to address the joint session but wants the paragraphs to which he has reservations to be dropped. “We have requested him to address the session and his demand to drop the paragraphs will have to be discussed with the chief minister,” he said.

Asked what would happen if the governor refuses to come to the session, Patil said: ``We will cross the bridge, when we come to it.’’

Siddaramaiah’s legal advisor and MLA, AS Ponnanna, who was part of the delegation, told the media that there was no question of Gehlot skipping the legislature session. ``The constitution is still alive and Article 176 (A) mandates that the governor shall address the joint session of the legislature. The Constitution is above all, including the president and governor,’’ he maintained.

Ponnanna said the government is ready to amend the usage of the sentences in the speech. “But asking us to completely drop the government’s stand on issues is not possible,’’ he added.

Asked whether a constitutional crisis has arisen with the governor declining to read the speech, Ponnanna said: ``We will come to know tomorrow. There have been precedents of governors in other states skipping the speech or walking but absenting from the House or not reading is not a good development.’’

Karnataka former advocate-general BV Acharya said, while Article 175 of the Constitution gives the right to the governor to address and send messages to the state legislature, Article 176(A) mandates him to address both Houses of the legislature at the start of the session following each general election and the first session of the year.

“However, a peculiar situation has arisen in Karnataka as it’s a special session convened now to discuss the Centre repealing MNREGA with VB-GRAM-G. According to the governor he has reservations on reading the speech. The crux of the matter is how can he read a speech to which he has reservations. It is now a matter of controversy whether the session convened is valid,’’ Acharya said.

Senior advocate in the Supreme court KV Dhananjay told a Kannada TV channel that the governor cannot have his independent views. The convention of the governor addressing the joint session of the legislature has been taken from the British House of Commons. He quoted the example of a king during the World War who had to read out a speech in the House of Commons that there was no paucity of good when people were starving. It’s a scripted speech which the governor has to read and what is happening is not a healthy development in the constitution,’’ he stated.