The ordinance pertaining to appointment
of Nripendra Misra as Principal Secretary in the Prime
Minister’s Office (PMO) witnessed some heated debate between
various politicians. However, the constitutionality
of this ordinance has still not been discussed by media or
any political party so far. So the natural question that arises is
whether the appointment of Nripendra Misra by Narendra Modi
government is constitutional
or not?
There is little debate in the media circles and
political parties regarding the constitutionality of the ordinance in
question. However, according to Praveen
Dalal, partner at New Delhi based ICT law firm Perry4Law,
“Prima facie this Ordinance has been promulgated in conformity with
the Constitutional requirements and there are little reasons to
agitate against the same. However, the allegations of “Political
Impropriety” cannot be ignored in these circumstances”.
“The only thing that remains to be seen is what
“Potential Benefits” the appointment of Mr. Misra would bring in
these circumstances. Nevertheless, no “Constitutional Infirmity or
Illegality” can be attributed to this Ordinance as on date”,
opines Dalal.
This may also be the legal position as the Congress
party is not challenging the legality or constitutionality of this
ordinance. According to media
reports, although the Congress party is “unhappy” with
the ordinance to appoint Misra yet it is unlikely to vote against it
in Parliament. This is also the most appropriate reaction and
approach of Congress towards this issue as the capabilities of Misra
is not in dispute.
The main contention of Congress is that the BJP,
when in the opposition, had opposed several ordinances of the
Congress-led government. Even so, it is not likely to oppose the
ordinance when this comes for ratification before Parliament next
week.
