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Stop misuse of Art 355, 356: CPI(M)


Posted: Thursday, Nov 06, 2008 at 2304 hrs IST
Updated: Thursday, Nov 06, 2008 at 2304 hrs IST


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New Delhi, Nov 5: Making a strong case for urgent reforms in the Centre-state relations, the CPI(M) on Wednesday sought measures to prevent misuse of the Centre’s powers to dismiss state governments and impose President’s rule.

In an ‘approach paper on restructuring of Centre-state relations’, the party also sought amendment in the Constitution to make it mandatory for the Centre to take the sanction of states while entering into international treaties on subjects concerning them like agriculture.

“The Union government has draconian powers, which are used as a threat to dismiss state governments. Articles 355 and 356 have been misused and we have been demanding that no Central government can arbitrarily sack a state government,” par ty general secretary Prakash Karat said releasing the document.

Karat said the CPI(M) maintained that Article 356 should be amended so that it can be used only under “exceptionalcircumstances” like a “serious” threat to national security or an “assault” on the secular fabric.

No government should be dismissed by the Centre merely on the basis of the Governor’s report that there is a breakdown of the Constitutio n in the state, he said.

On the appointment of governors, Karat said the provision of centrally-appointed governors has remained an “anachronism” which is not in keeping with a federal democratic polity.

“It (governorship) has become the traditional refuge for retired politicians of the ruling party . Since, we have the post, at least let us make it more democratic,” he said suggesting that governors should be appointed from a panel of three names recommended by the state assembly or the chief minister.

Maintaining that the party was open to suggestions on its approach paper, Karat said the document would be sent to all parties for a broader discussion on the matter and to evolve a consensus.

Referring to the Bommai case, he said the Supreme Court had also held that an assembly should not be dissolved even if the Centre dismisses the state government.

PTI

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