Logical thinking people, even though they are not legal scholars, have some observations that they need to raise to the society at large. Can any one from Congress High Command explain the following issues that are bothering most people?
Following YSR’s untimely death, there were a lot of constitutional misdeeds in Andhra Pradesh perpetuated by Congress High Command and a section of local leadership and were accepted by the various wings of democracy as if they were only natural. First the CLP had to elect Rosayya as their leader and second he needed to approach the Governor with a CLP letter stating the said resolution for him to be appointed as Chief Minster. Then the Governor, following proper verification process of the said CLP resolution had to appoint him as Chief Minister and then should have asked the new Chief Minister to prove his majority in the Assembly. None of this ever happened. Rosayya was administered oath of office as Chief Minister by Governor ND Tiwary, even though he was not elected by Congress Legislature Party (CLP) but only on the command of Sonia Gandhi. This in fact may be unconstitutional. All of this when 150 of 157 MLAs signed for some one else as their leader, clearly a ridiculous mockery of democracy.
The AP High Court acted improperly on a Public Interest Litigation (PIL) in this matter. With proper thought process of the Judges, they should have reprimanded the Governor and declared the Chief Minister appointment null and void. They kept wasting the time with silly questions on purpose and finally dismissed the PIL once the CLP elected Rosayya as the leader. The High Court should have questioned the legitimacy of the initial appointment of Rosayya as Chief Minister by the Governor. This in fact may be unconstitutional.
In the mean time, the Legal Advisors to the State Government, a section of local congress leaders like DS, KK, VH, and JC etc argued in the public that there was never a need for Rosayya to be elected as CLP leader. They argued that CLP does not need to elect its leader but its only Sonia Gandhi, who decides its leader and Governor has the right to appoint any one as Chief Minister as per the directive of Sonia Gandhi. This in fact may be unconstitutional. As per the Constitution of India, the Governor appoints the elected leader of the majority party who may have the confidence of the majority of the house as the Chief Minister.
Sonia Gandhi, with the help of Congress Core Committee decided the separation of Telangana. Who are these core committee members? Manmohan Singh (not yet elected by people but handpicked by Sonia Gandhi), Pranab Mukharjee (needs either CPM or Mamatha Benarjee to get elected from West Bengal), Chidambaram (of committing election fraud to get elected), Veerappa Moily (was responsible for driving the party in to ground in his home state), and Ahmad Patel (who never won an election). None of the above represents any party other than Congress. And Congress party does not control Central Government but a coalition that rules collectively. Who are these people representing? Do they understand the repercussions of their actions in taking a decision like this, which may cause a great human loss as it involves lot of emotions from all sides, the major stake holders like Andhra, Rayalaseema, and Greater Hyderabad population? They needed to put this issue up for discussion among the Central Ministry as well as the above stake holders. The Core Committee of Congress does not have the right to either grant or not grant anything. This in fact may be unconstitutional. There is nothing wrong about granting statehood to Telangana. Only things have to be handled out properly. For Telangana leaders to claim that this is a gift from Sonia Gandhi on her birthday is making people who died for the same cause and self rule to shiver even in their death beds.
Gurava Reddy, Atlanta, GA
The views expressed in the article are the author's and not of greatandhra.com.
