Chapter

The Governor's Message to the Assembly and the Speaker<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0058
The Governor's Message to the Assembly and the Speaker1

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This chapter discusses the statement of the governor to the UP assembly on 17 June and, the role of the Speaker in that context. The governor as head of state is bound by the same rules and conventions of the parliamentary system as those which apply to the president. Legislators in the UP assembly gave three notices of motions for no-confidence against the speaker Dhani Ram Varma who removed it from the 'agenda' of the house. The governor then appointed Barkhu Ram Varma as the pro tem speaker under Article 180(1). In a similar situation in Punjab in March 1968, the governor prorogued the house, and soon summoned the assembly to meet and conduct its financial business. The Supreme Court ruled that the assembly had been lawfully prorogued and properly summoned. It did not consider the validity of the governor's message since no one contested it. Having ruled that the Punjab speaker's adjournment of the assembly was void, the Supreme Court approved implicitly the continuance of the proceedings thereafter by his deputy. The politicization of the office of the speaker is clear in these instances, and it is in this highly politicized office that the anti-defection law consciously vests the power to decide disputes — in the interests of the ruling party.

Keywords: governor; Dhani Ram Varma; Barkhu Ram Varma; Supreme Court; Punjab speaker; assembly; politicization; ruling party

Chapter.  3698 words. 

Subjects: Constitutional and Administrative Law

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