Protect the Dignity of the Council LOKSATTA Appeals the Governor

 
 
 
       
  22nd March 2007

Esteemed Rajyapal Sri Rameshwar Thakur
Governor of Andhra Pradesh
Raj Bhavan
Hyderabad
   
     
      As you are aware, the Parliament enacted The Andhra Pradesh Legislative Council Act, 2006 providing for the creation of the Andhra Pradesh Legislative Council. According to Article 171 of the Constitution, out of the 90 members of the House, 78 are to be elected by the representatives of the local governments, members of the Legislative Assembly, graduates’ and teachers’ constituencies. The remaining 12 members shall be nominated by the Governor.

Article 171(5) specifies that the members to be nominated by the Governor shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, cooperative movement and social service. Clearly, the nominations are intended to bring expertise, sobriety, wisdom and credibility to the Upper House, and to add substance and quality to the deliberations.

We are aware that ordinarily you are bound by the advice of the Council of Ministers in nominating these members. However, parties in power often tend to use the nomination process as a mechanism to rehabilitate their workers and leaders who could not be accommodated in seat allocation in general elections. While past party affiliation cannot be a disqualification for nomination, party loyalty cannot be the sole or substantive qualification either. Treating Upper House nominations as the private affair of political parties is a travesty of the letter and spirit of the Constitution.

Unfortunately, major functionaries of the ruling party and Government in Andhra Pradesh have publicly and repeatedly stated that those party members who could not be allocated seats will be accommodated through Governor’s nominations. Such a course undermines the high office and Constitutional role of the Governor as Head of State, and violates the letter and spirit of the Constitution.

Lok Satta Party therefore urges you to play your Constitutional role and ensure that only experts with known credibility, integrity, special knowledge and practical expertise in literature, science, art, cooperative movement and social service are nominated to the Legislative Council. It is your Constitutional prerogative and duty to advise the Government suitably, and to insist on recommendation of names of worthy experts for such nominations.

With your long experience in public life and your oath of allegiance to the Constitution, we are sure you will uphold the highest democratic traditions in respect of the nomination of members to the Legislative Council, and enrich the quality of public discourse in the Upper House.

With warm regards,
 
     
 
Jayaprakash Narayan
National Coordinator