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BJP Destroying Federal Structure, L-Gs and Governors Can’t Usurp Powers of Elected Govt: Sitaram Yechury

The Supreme Court handed a major victory to Delhi's AAP government in its bitter power tussle by ruling that the Lieutenant Governor (LG) has no independent power to take decisions and is bound by the elected government's advice.

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Updated:July 4, 2018, 10:51 PM IST
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BJP Destroying Federal Structure, L-Gs and Governors Can’t Usurp Powers of Elected Govt: Sitaram Yechury
File photo of CPM general secretary Sitaram Yechury.
CPI(M) general secretary Sitaram Yechury on Wednesday hailed the Supreme Court order on the power tussle between the AAP government and the Centre and said it brought into sharp focus the role of L-Gs and Governors and the misuse of power by them.

“BJP’s charade of cooperative federalism and in reality destroying our federal structure is condemnable. LGs/Governors cannot usurp rights of an elected state government,” he said in a tweet.

The CPI echoed the sentiment and said the verdict was applicable to all the states, with its leader D Raja saying it is very clear that elected representatives cannot be ignored as they represent the people.

Raja was hinting towards the turf war in Puducherry, where CM Narayanasamy, who is engaged in a long running feud with L-G Kiran Bedi, has already said that the Delhi verdict is “totally applicable” in the union territory.

But the apex court has clarified that Puducherry cannot be compared with the case of Delhi as it is governed by a provision which is different from that concerning the national capital. It said that Puducherry was covered under Article 239A whereas NCT of Delhi is covered under Article 239AA.

The Supreme Court handed a major victory to Delhi's AAP government in its bitter power tussle by ruling that the Lieutenant Governor (LG) has no independent power to take decisions and is bound by the elected government's advice.

Meanwhile, Yechury also wrote to the law commission, voicing his opposition to the idea of holding Lok Sabha and Assembly polls simultaneously, saying that it is inherently "anti-democratic" and negates the principles of federalism, which is a fundamental feature of Constitution.

The panel had on June 14 written to all recognised political parties seeking their views on the issue. In his letter, Yechury listed the party's objections to the proposal stating that it goes beyond the ambit of law reform entailing major amendments to Constitution, and would run against both the "letter and spirit of our Constitution".

"The aspects of our Constitution, we believe, cannot be undermined, or tweaked. We believe that such a proposal is inherently anti-democratic and negates the principles of federalism which is a fundamental feature of our Constitution," he wrote.

The Law Commission will hold a two-day consultation with major political parties in New Delhi this week on the possibility of holding Lok Sabha and Assembly polls together. Yechury had thanked the panel for inviting his party to the consultation, but said that it "may not be necessary" that they would attend.

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| Edited by: Parth Sharma
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