Ploice powers to governor

by indophile Mon Aug 11, 2014 1:57 pm

Section 8 of the AP reorganization act creating Telangana is very clear on the powers of the governor, that he is responsible for decisions regarding security of people and installation in Hyderabad, but Telangana MP Vinod Kumar argued that governor's power are limited only to take action against hate crimes. A link to the complete reorganization act and the language of Section 8 is provided below.

by indophile Mon Aug 11, 2014 1:59 pm

Oops! Here is the link and the language. This was voted out in parliament, and KCR voted for it too.
[url=http://www.indiacode.nic.in/acts2014/6 of 2014.pdf]http://www.indiacode.nic.in/acts2014/6%20of%202014.pdf[/url]

8. (1) On and from the appointed day, for the purposes of administration of the
common capital area, the Governor shall have special responsibility for the security of life,
liberty and property of all those who reside in such area.
(2) In particular, the responsibility of the Governor shall extend to matters such as law
and order, internal security and security of vital installations, and management and allocation
of Government buildings in the common capital area.
(3) In discharge of the functions, the Governor shall, after consulting the Council of
Ministers of the State of Telangana, exercise his individual judgment as to the action to be
taken:
Provided that if any question arises whether any matter is or is not a matter as
respects which the Governor is under this sub-section required to act in the exercise of his
individual judgment, the decision of the Governor in his discretion shall be final, and the
validity of anything done by the Governor shall not be called in question on the ground that
he ought or ought not to have acted in the exercise of his individual judgment.
(4) The Governor shall be assisted by two advisors to be appointed by the Central

Government

by truthbetold Mon Aug 11, 2014 2:39 pm

Kcr may be right on this one. law and order is a state.issue. t state has an elected govt. there is no constitutional provision to give governor additional powers while an elected govt is in place. it was never done before. my prediction is that it will be struck down by court. the t bill was wrong on this issue.

by indophile Mon Aug 11, 2014 2:45 pm

May be it should be tested in court.

by truthbetold Mon Aug 11, 2014 2:54 pm

indophile wrote:May be it should be tested in court.

i am almost certain that it will be tested. It takes an year to two years to resolve such cases by supreme court. if court allows governor to get control during that period, it may serve the purpose of the law. After two years it may be difficult for kcr to whip up regional fears.

by indophile Mon Aug 11, 2014 3:01 pm

Two years? Didn't the Supreme Court read the riot act to KCR on the EMACET counseling issue (which also arose out of the the State division act) in less than two months? Or was it some kind of emergency consideration?

by Kayalvizhi Mon Aug 11, 2014 9:32 pm

police power to an unelected governor surpassing the elected legislative assembly is undemocratic.

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