Sr Advocate Vivek K. Tankha Writes To President; Seeks Presidential Rule In MP
Senior Advocate - Supreme Court and Member of Parliament - Rajya Sabha Vivek K. Tankha has written a letter to the President Ram Nath Kovind regarding unconstitutional governance of Madhya Pradesh without a Cabinet during a pandemic when the state is suffering constant deaths daily.
In his letter, Sr advocate highlights the facts that the government of a state can't be run by a single man; as a government without a Cabinet is an unthinkable constitutional anathema. It needs to be governed by a cabinet.
Read the full text of the letter
Your Excellency,
With utmost regret whilst India and the world is battling COVID-19 I feel compelled to write against the illegally designed & poorly conceived one-man show unconstitutionally thrust upon 7.5 crore people of Madhya Pradesh. This shenanigan gravely impacts and imperils the war against coronavirus.
A Chief Minister is sworn amidst lockdown in Bhopal on March 23 - without a Cabinet. Article 163 of the Constitution mandates " There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions......"
True, a CM can be sworn in singly. It is the first step towards the formation of an accountable Cabinet. An outer limit of 15% which includes the CM is the constitutional full stop on number of induction in the council of ministers. It's this cabinet on whose aid or advise the function of the government is carried out in the name of the Governor.
A Government of a sole CM i.e one-man government without a Cabinet is an unthinkable constitutional anathema. The souls of great Dr Ambedkar - whose jayanti falls on April 14 - and our founding fathers would be in tears in the perpetuation of this constitutional travesty.
In addition Madhya Pradesh is in the grip of Covid19. The situation in Indore is grave with the highest percentage of recorded deaths. Indore has been declared a corona hotspot. Bhopal suffers the agony of administrative collapse of Health department with 45 plus IAS & other officials posted in the secretariat/offices having tested positive. Other towns though ostensibly safe but with negligible testing to boast. The bureaucratic / police response of the State to the Pandemic is pathetic. Now action under ESMA against doctors, health workers and others has been announced by CM on the advice of bureaucrats - whilst the country including the whole opposition is united as one in the fight against the pandemic on the call of the Prime Minister.
The patience of 7.5 crore people is wearing thin. In today's situation Madhya Pradesh doesn't have the benefit of an accountable Cabinet much less a Health Minister. Constitutional / cabinet accountability is a matter of faith and public trust. CM's bravado is understandable but not in the public interest - just as the Principal Secretary Health's insistence to continue working and issue health bulletins after being detected as corona positive.
Before the situation deteriorates, further the Governor of Madhya Pradesh, who on a daily basis was sending DOs to Ex CM to hold a floor test between March 13 to 16, disregarding the captivity of Cong MLAs in Bengaluru ; is maintaining an enigmatic silence despite this constitutional outrage. Madhya Pradesh deserves to be governed by a cabinet. This is what the Constitution mandates. Madhya Pradesh cannot be deprived of this constitutional privilege and specially so in this extreme crisis situation.
Alternatively, if the Chief Minister is unable to form his Cabinet because of issues beyond his control, then a case of breakdown of constitutional machinery will be self-evident in the state of Madhya Pradesh, warranting the Union to consider the imposition of President's Rule in the state.
This is a humble appeal by a voter, a citizen of Madhya Pradesh, a responsible lawyer and a Member of Parliament Rajya Sabha to the highest constitutional authority and the ultimate protector of citizens rights i.e. President of India to safeguard the rights, privileges and lives of 7.5 crore people of Madhya Pradesh
Respectfully yours
(Vivek K. Tankha)
Sr. Advocate -Supreme Court
MP- Rajya Sabha
Former Addl Solicitor General Of India
Former Advocate General of M.P.
