Sunday, June 1, 2014

Congress Unhappy Over Misra’s Ordinance But Would Not Challenge It In Parliament

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.