State govt unlikely to hold ‘mandatory’ House session

Tribune News Service

Chandigarh, August 30

Ambiguity prevails over the holding of the “mandatory” Haryana Assembly session with the six-month period since the last session lapsing on September 12.

No violation of Constitution

There is no violation of the Constitution in the present circumstances. If six months had lapsed and the elections were announced after that, not holding the session would have been illegal. —

Mohan Jain, ex-additional solicitor general

While the Nayab Singh Saini-led government is learnt to have taken a legal opinion on holding of the session and decided to “drop it”, constitutional experts, too, are of the view that there is no “illegality” if the government decides not to hold the session. However, the Opposition is keen that a session should be held and the Constitutional provision be met.

The sources in the Cabinet said Saini had taken the opinion of legal experts and based his decision not to hold the session at all. A minister in the Saini cabinet said holding a session was not viable since all the political parties were busy with campaigning. “We can’t take any decision or make any announcements. The Opposition MLAs, too, are likely to stay away from the proceedings. A session in these circumstances is unlikely,” he said.

Refuting this, Leader of Opposition, Bhupinder Singh Hooda, said that the government had enough time to call a session. “If the government calls a session even now, we will attend it. However, the government does not intend summoning a session since it is on a weak wicket,” he said.

Jannayak Janta Party MLA and former Deputy Chief Minister Dushyant Chautala said there was no question of shying away from the session. “Let the government call a session. We will attend it despite being in the thick of campaigning,” he stated.

The lone Indian National Lok Dal MLA, Abhay Chautala, said the government had not summoned the session out of fear. “This is a minority government and Saini fears the BJP government will fall if a trust vote is held. They know that they don’t have the numbers but are trying to pass the buck by stating that the Opposition will not attend the House. We are ready to expose this lie. Let them call for a session,” he emphasised.

Meanwhile, Satya Pal Jain, Additional Solicitor General of India, said, “Under the Constitution, two sessions within a gap of not more than six months are required. However, with the code of conduct in place, no meaningful business can be transacted even if the government decides to call a session. It is a peculiar situation and a break of more than six months will happen. The Constitution does not go any further to define the consequences of not holding a session.”

In Haryana, the last session was held March 13 and the six-month duration expires on September 12. Stating that since the elections were announced before the six-month period ended, senior advocate and former additional Solicitor General Mohan Jain says there is no illegality involved in holding the session. “There is no violation of the Constitution in the present circumstances. If six months had lapsed and the elections were announced after that, not holding the session would have been illegal,” he remarked.

Also, there is growing speculation that the Chief Minister could recommend dissolution of the House for which a Cabinet meeting could be summoned shortly. However, sources in the government dismiss this as well. “The government will achieve nothing by calling a session or recommending dissolution of the House. Not holding the session is not going to result in a ‘constitutional crisis’. However, if the government does call a session, completing the quorum will be a challenge,” government sources claimed.