
Patna, July 16: Chief minister Nitish Kumar today demanded that the post of governor be abolished as it was not warranted under the existing federal structure of the country.
"The existing federal democratic structure does not warrant continuance of the gubernatorial post," Nitish said at the Inter-State Council (ISC) meeting chaired by Prime Minister Narendra Modi in New Delhi.
"However, if it is not possible to do away with it, then provisions relating to appointment of the governor must be clearly defined and made transparent," he added.
Also, if doing away with the constitutional post was not possible, the discretionary powers given to it should be curtailed, said Nitish, who has in the past locked horns with governors in Patna.
When heading the NDA government in Bihar, Nitish had engaged in a running feud with then Governor Devanand Konwar over a variety of issues, among them the appointment of vice-chancellors to six state universities. The governor is the ex-officio chancellor of the state's universities.
In his speech today, Nitish said that chief ministers should be consulted and criteria laid down by the Sarkaria Commission followed when appointing governors. Also, the propensity to change governors whenever a new government is formed (at the Centre) must be curbed by making constitutional provisions. "Chief minister of a state must be formally consulted before removal of an incumbent governor and, if required, Article 155 of the Constitution may be amended to provide for such consultation," he said.
Nitish's remarks on abolition of the governor's post found support from Bengal chief minister Mamata Banerjee. "I support Nitish ji," she said, when asked for her reaction. Delhi chief minister Arvind Kejriwal demanded that the ISC pass a resolution for chief ministers to be consulted before appointment of governors or lieutenant governors in their respective states. "President's rule can only be imposed if the government loses majority in the Assembly and not on frivolous grounds by misusing the office of governor," Kejriwal said.
Nitish's remarks assume significance in the light of the Supreme Court's severe criticism of the Arunachal Pradesh governor over the Congress government's dismissal in December 2015.
Nitish also referred to the Punchhi Commission report on Centre-state relations (submitted in 2010), which recommends that before a chief minister's removal, the governor must give the leader of the House an opportunity to prove majority on the floor.
Prohibition
Nitish also took his prohibition crusade to the ISC meeting, demanding a nationwide ban on liquor. He sought cooperation from neighbouring states for successful implementation of prohibition.
"Implementation of prohibition in the whole country should be seriously considered, as it has laid down the foundation for social change in Bihar. There is happiness and excitement among the masses, especially women," Nitish said. "Reduction in social crimes and road accidents has been observed. As per Article 47 of the Constitution, the state shall endeavour to bring about prohibition and improve public health. It is the responsibility of the state to protect health, welfare and moral of its citizens."
support of bordering states - Jharkhand, Uttar Pradesh and Bengal - was important for successful implementing prohibition and he Nitish again requested neighbouring states to ensure that licences to open liquor shops are not given within two miles from the border and sale of liquor discouraged in the bordering areas. He said the state was still lagging behind the national average in major development parameters of poverty line, per capita income, industrialisation, and social and physical infrastructure despite clocking a double-digit growth. "There are many other states which are as backward like Bihar," he said. . States, which have been given special status, have progressed on development scale
Chief minister Nitish Kumar today demanded at the Inter-State Council (ISC) meeting chaired by Prime Minister Narendra Modi in New Delhi that the post of governor in the states should be abolished as it was not warranted under the existing federal structure of the country.
"The existing federal democratic structure does not warrant continuance of the gubernatorial post. However, if it is not possible to do away with it, then our opinion is that provisions relating to the appointment of Governor must be clearly defined and made transparent," Nitish said.
The Bihar chief minister, who is also the JDU president said if doing away with the constitutional post was not possible, the discretionary powers given to it should be curtailed.
He also asserted that chief minister of state should also be consulted and the criteria laid down by Sarkaria Commission should be followed in governor's appointment, and the propensity to change the governor, whenever a new government is formed (at the Centre) must be curbed by making constitutional provisions.
"Chief minister of a state must be formally consulted before removal of the incumbent Governor and, if required, Article 155 of the Constitution may be amended to provide for such consultation," the Bihar CM said.
Nitish's remarks at the ISC meeting assume much political significance in the light of Supreme Court's severe criticism of the Arunachal Pradesh governor over dismissal of the Congress government in December 2015, and also in the backdrop of a few non-NDA ruled states accusing their governors of being politically motivated at the behest of the central government.
The criticism could fan the fire already smouldering among the states ruled by UPA and regional parties, and provide them yet another reason to unite against the present NDA government at the Centre.
Referring to the Punchhi Commission report on the Centre- state relations submitted in 2010, the Bihar CM said it has also recommended that for a chief minister's removal, the governor must give the leader of the House an opportunity to prove majority on the floor.
Nitish also took his prohibition crusade to the Inter-State Council (ISC) meeting and demanded ban on liquor in the entire country. He sought cooperation from neighbouring states for successful implementation of prohibition and also revived the demand for special category status to Bihar and other backward states.
"Implementation of prohibition in the whole country should be seriously considered as it has laid down the foundation for new social change in Bihar. There is happiness and excitement among the masses, especially the women. Reduction in social crimes and road accidents has been observed. As per Article 47 of the Constitution, the state shall endeavour to bring about prohibition and the improvement of public health. It is the responsibility of the state to protect health, welfare and moral of its citizens," Nitish said at the meeting.
The chief minister said support of bordering states - Jharkhand, Uttar Pradesh and Bengal was important for successful implementation of prohibition and he wrote to their chief ministers for support and cooperation with request for monitoring of liquor consumption in border areas and check on illegal flow of liquor to Bihar.
"Despite the request, Jharkhand raised annual quota of liquor for sale in districts bordering Bihar by 35 per cent. Uttar Pradesh increased country liquor quota and reduced excise duty. They are opening new liquor shops near Bihar border. All these show that we are not getting the expected support from the neighbouring states in enforcing prohibition," he added.
Nitish further requested the neighbouring states to ensure that licenses to open liquor shops are not given within two miles from the border and the sale of liquor should be discouraged in the bordering areas.
Demanding special category status for Bihar, Nitish pointed out that the state was still lagging behind the national average in major development parameters of poverty line, per capita income, industrialisation, and social and physical infrastructure despite clocking a double digit growth.
"There are many other states which are as backward as Bihar. Special category status is needed for Bihar and all other backward states so that they can come out of their backwardness and catch up with the national average. States, which have been given special status, have progressed on development scale," Nitish said.
The Bihar CM also demanded enhancement of central share in various development and welfare schemes and relaxation in central taxes to generate and boost employment opportunities.
On the internal security and law and order front, Nitish said that the Centre should locate a battalion of Rapid Action Force (RAF) in Bihar to maintain communal harmony on the occasion of festivals, and pointed out that the state government was willing to provide 60 acres of land free of cost in Jehanabad district. He also asked the central government to shun its commercial approach in which RAF was not deployed if advance payment was not made.
The Bihar CM also brought to light that the state wanted to confiscate the assets generated through organised crimes by using Prevention of Money Laundering Act (PMLA), 2002.
"But such powers (to use PMLA) are vested only with the Enforcement Directorate under ministry of finance. We have requested it to delegate the power of confiscation to the state police for assets up to Rs 5 crore. If the central government agrees, the step will be a game-changer in controlling organised crime," Nitish said.
Among the 15 issues raised by Nitish at ISC meet, the reduction of central assistance to the states in centrally-sponsored schemes and delayed payment of state's dues under special plan or Backward Region Grants Fund (BRGF) were also present. He also demanded appropriate attention for continuous flow of the Ganga in Bihar by ensuring uninterrupted flow of water from the states in the upper basin of the river.
"Bihar's fundamental right to use the water of Ganga and its tributaries is being violated. The upper states use more than their share of water. During the lean season not even 400 cusecs of water flow is received at the border of Bihar. However, at Farakka barrage in Bengal 1500 cusecs flow is to be ensured, which is achieved mainly through water contributed by other rivers in the state. Responsibility to ensure it has been put solely on Bihar," Nitish said.
The Bihar CM also demanded financial assistance from the Centre to implement its ambitious and multi-faceted agriculture roadmap. He also pointed out that New Delhi has sanctioned just Rs 100 crore for celebrating the 350th birth anniversary of Guru Gobind Singh in January 2017 and said at least Rs 500 crore should be made available to the state government.