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Governor has no power in assembly: Massar
Correspondent SHILLONG, MAR 17:
Published on 17 Mar. 2009 11:50 PM IST
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The advocate general of Meghalaya GS Massar observed that the governor has no power to issue any directions or messages regarding the mode and manner in which the business of the House is to be conducted. Massar was giving his legal views to the Assembly Speaker Bindo M Lanong with regard to the role of the governor in the assembly in the wake of the message sent by Governor RS Mooshahary to the Speaker on how to conduct the proceedings of the House, in connection with the trust vote of the government. Recently, Mooshahary under article 175 (2) of the Constitution had sent a message to the Speaker directing him how to conduct the trust vote proceeding of the House. Terming the message of Mooshahary to the Speaker “more of a suggestion/ request” for consideration, the advocate general said, “The final decision, therefore in such matters is yours as the presiding officer of the august house.” In this regard, Massar, however said article 175 (2) only relates to pending Bills or otherwise. “The governor is not empowered to send messages to the members of the House through the Speaker in the nature of the directives. Any message from the governor under this article can only be in respect of pending Bills or otherwise,” Massar observed. Further, Massar maintained, “The Speaker holds a high, important and ceremonial office. All questions of the well being of the House are matters of Speaker’s concern. He also added that the Speaker is the very embodiment of propriety and impartiality. “He performs wide ranging functions including the performance of important functions of a judicial character,” Massar said. The advocate general also iterated that “the governor cannot assume to himself the aforesaid judicial power, and based on that assumption come to the conclusion that there would be violation of the tenth schedule and used it as a reason for recommending dissolution of the Assembly”.

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