O Joy terms order on HAC unconstitutional
Source: Chronicle News Service

Imphal, September 04 2021: Contending that the order issued by Manipur Legislative Assembly secretariat inducting eight new members to HAC was against constitutional provision and the Speaker has no such power, senior politician Okram Joy said that it would be right for the Governor to apprise the matter to the President and look into the matter.

Talking to media persons on Saturday, O Joy recounted that the September 1 order issued by Assembly secre tariat mentioned about HAC membership increasing to 29 with induction of eight new members based on their request for joining the commit tee.

Irrespective of whether Manipur Legislative Assembly discussed pros and cons about induction of new members, the act of the assembly, however, was unconstitutional and all legality and proceed ings were wrong and hence the order cannot be valid O Joy said, adding that he does not want issuance of order on such a sensitive issue in a casual manner.

According to O Joy, it was not encouraging to come out with an order from the responsible institution and assembly secretariat seems to lack exercise and discussion before issuing the order.

He then suggested appointment of advisors in addition to existing legal advisors to the government.

Article 371 (C) of Indian Constitution deals with HAC and it is under special provision of Article 371 (C) that HAC is formed under Manipur Legislative Assembly.

Constitutional provisions grant the President to the formation and functioning of HAC but the speaker has no such authority or power.

However, the Governor has certain power particularly in ensuring proper functioning of the committee, he said.

While observing that issuance of an order on sensitive issue in casual manner is wrong and this may affect law and order of the state in a big way, O Joy said that it would be right on the part of the Governor to intervene into the matter immediately and refer the same to the President of India.

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