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22nd March 2007
Esteemed Rajyapal Sri Rameshwar Thakur
Governor of Andhra Pradesh
Raj Bhavan
Hyderabad |
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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, |
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Jayaprakash Narayan |
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National Coordinator |
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