Budget passed in kerala state assembly in the absence of speaker and deputy speaker, whether valid ?
mumthasashraf
(Querist) 13 March 2015
This query is : Resolved
sirs,
i have an important question to ask you all on the legal sanctity of a budget passed today in kerala state assembly.
today , finance minister km Mani was supposed to lay the budget on table. but, there was an accusation of bribery case against him. hence, the opposition has already said that they will not allow Mr. KM Mani to present the budget. As expected, today kerala assembly witnessed a lot of rotten scenes .Finance minister Km Mani and speaker were interrupted from entering to the house . but, finance minister came back on the second floor and read the budget from another MLA's chair and declared that the budget has been passed.
subsequently, the speaker, who was admittedly , not in the house, latter said that he has given permission to the finance minister to present the budget, in his absence.
secondly, chief minister also contented that finance minister has requested for the change of seat, from his regular seat to that of another MLA and he , in turn has forwarded the request to speaker and he has already allowed it also.
so, on these two points, the the budget is legally valid.
if the opposition prevents the finance minister and speaker from getting the budget passed, in such cases also, whether the procedures as laid down in legislative rules have to be strictly complied with ?
whether a slight deviation will make the budget invalid ?
if it is allowed, then every opposition will try this unscrupulous method in future .
SO, BREIFLY EXPLAIN THE PROCEDURE OF PRESENTING A BUDGET BY FINANCE MINISTER IN STATE ASSEMBLY ? AND , WHEN, MINOR DEVIATIONS IN THE PROCEDURES ARE ALLOWED ? HOW IT CAN BE PASSED, WHEN OPPOSITION PREVENTS THE MINISTER AND THE SPEAKER AT THE ENTRANCE ITSELF ?
ANY CASE LAWS ?
MUMTHAS ASHRAF
Guest
(Expert) 13 March 2015
Dear Mumthas,
Scheduled works of the Government cannot be postponed merely due to absence of the chair person and deputy chair person due to any reason. One member of the assembly can be co-opted as a pro-temp chairman (speaker) and bill passed by prescribed majority can be treated as passed.
Guest
(Expert) 13 March 2015
You ar welcome.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Academic query, you may discuss the subject on any other social networking sites.