NREB amended; house adjourned

Despite objections by the opposition against amendment to the Nagaland Rules of Executive Business (NREB), which had aroused contentious debates, the NPF-led DAN government tabled the resolution for amendment at the one-day session of 12th Nagaland Legislative Assembly Tuesday and had it passed it by voice vote after the Congress stormed out in protest.
After amendment to the NREB, the chief minister will now have the final say on matters of appointment, transfer and posting of senior government officials and would not require the concurrence of the Governor, other than appointment of the DGP and Chief Secretary.
Earlier moving the resolution, chief minister Neiphiu Rio said the matter became serious since the Governor had persistently ignored to act in accordance with the aid and advice of the Council of Ministers.
Rio said that several files were kept pending with the Governor which hampered the functioning of the government and after the amendment, no file will henceforth be sent to the Governor for approval. He also maintained, that a democratically-elected chief minister and the cabinet was accountable to the people and not the office of the Governor.
The resolution urged the Governor to act in accordance with the aid and advice of the Council of Ministers in all areas of governance that do not relate to his discretion as mandated by Article 163 of the Constitution of India and more particularly heed the cabinet advice in regard to amendments proposed to the Nagaland Rules of Executive Business without further delay.
It stated that the approval of the Chief Minister would be final and the orders in regard to such matters containing the final approval of the Chief Minister would be submitted to the Governor only for information. Earlier before the Congress MLAs walked out and the Speaker initiated the discussion on the resolutions.
Charging the DAN government for attempting to infringe on the power of the Governor, CLP leader, Tokheho Yepthomi termed the move as “controversial” and that his party would not be part of the resolution. He said when successive governments in the past has successfully maintained good rapport between the State Government and the Governor, why was the present government trying to undermine the constitution of India which empowers the Governor.
Minister for planning and coordination, T R Zeliang said governor had “humiliated” the people of the state by rejecting several files and added that repeated appeals by the Cabinet to heed to the advice of the chief minister and the cabinet but it went to the “deaf ears” by the Governor.
The Attorney General of Nagaland, K N Balagopal said under Rule 5 the Governor shall on the advice of the Chief Minister, allot ministers. Also under Rule 34 (2) (xxi) of the rules of Executive Business, Classes of Cases to be submitted to the Governor after obtaining the approval of the Chief Minister has been mentioned.
“It was to avoid any confusion in the matter, the cabinet took a decision to amend the Rules of Executive Business. This advice of the Council of Ministers was not acted upon by the Hon’ble Governor” he said.
He said Governor can refuse to accept the advice tendered by the council of ministers in a matter which is perfectly legal and which does not fall within his individual judgment.
He said going by the Article 163 of the Constitution followed by Rules of Executive Business more particularly, Rule 5 it is obligatory for the Governor to act on the advice of the Council of Ministers and if does not do so the said act would be in clear violation of the constitutional provision as also the mandate of the Rules of Executive Business.
The Governor of Nagaland has been given special power and responsibility on law and order under Article 371-A(b) of the constitution and that posting and appointment of officers has nothing to do with the law and order said, Balagopal.
“Infact there is an ongoing peace talks with the central Government and the concerned factions with whom a ceasefire exists since 1997. Therefore it was not understood in what context the Hon’ble Governor has used the words “special responsibility” and such usage tends to undermine the Central government under whose aegis the peace talks are being held” he said.
Balagopal said it was held by the Supreme Court that if the Governor does not act upon the aid and advice of the Council of Ministers he will become all powerful and this would be an antithesis to the concept of democracy.
He informed the house that Governor Kumar had sought the opinion of the Central Government and Attorney General of India on the issue. The AG however said  the Governor had refused to disclose the contents of the opinion observed by the Centre’s Attorney General.
NPCC president S.I.Jamir and minister for Roads and Bridges Kuzholuzo Neinu also took part in the discussion. Speaker Chotisuh Sazo adjourned the house sine die after the business session concluded.