Showing posts with label President. Show all posts
Showing posts with label President. Show all posts

Monday, November 25, 2019

Exclusive report with Time Line of events

by Harish Gupta, National Editor, Lokmat Group

Exclusive report with Time Line of events

How dramatic coup was planned, executed and ….....


Harish Gupta

New Delhi, Nov 23:

The BJP pulled off a coup in Maharashtra when it formed the government early Saturday morning after the Governor B.S. Koshyari recommended revocation of President’s Rule in the state at midnight. The recommendation was sent to the President through the Ministry of Home Affairs over fax and email and also through a special messenger by flight. The Union Home Ministry lost no time in forwarding the recommendation to the President, Ram Nath Kovind overnight.

The President used his special powers conferred upon him under Clause 2 of the Article 356 of the Constitution whereby he can revoke the imposition of the President's rule on his own without waiting for the recommendation of the Union Cabinet. Otherwise, the President has to wait for the recommendation of the Union Cabinet to revoke the rule. But the Constitution gives adequate powers to the President to take a decision in his own wisdom and powers under the law.

How events unfolded:

22 November

8.00 pm: Governor B.S. Koshyari cancels his scheduled visit to Delhi causes some surprises;

8.45 – 9 pm: Ajit Pawar leaves NCP-Congress the meeting

11.30 pm: Ajit Pawar finalises a deal with BJP


23 November

12 am: Devendra Fadnavis apprises Home Minister Amit Shah details of developments, Shah discusses within party, gives go ahead;

      12.15 am : BJP and NCP leader Ajit Pawar send letters of support satisfying the Governor of reasonable and stable majority


1.00 am : Koshyari recommends revocation of President’s Rule in the State, sends report through fax/email to Union Home Ministry.
1.45 am : Amit Shah's secretariat at his 6 Krishna Menon Marg residence here worked in full swing preparing all necessary documents for the President;


      5.00 am: Special messenger of the Union Home Ministry hands-over documents to the President's secretariat and keeps waiting at the Rashtrapati Bhawan reception which was specially opened

5.30 am: The President walks down to his official chambers;

5.47 am: Uses his special powers and revokes President's rule

6.00 am Activities begin at the Governor House in Maharashtra
7.50 am: Koshyari starts the swearing-in ceremony process and oath ceremony complete 
8.16 am: Prime Minister Narendra Modi congratulates Fadnavis and Pawar on the government formation.

Monday, September 23, 2019

Corporate Tax Ordinance PM, President used extra-Ordinary powers

by Harish Gupta, National Editor, Lokmat Group


special report 
Corporate Tax Ordinance 
PM, President used extra-Ordinary powers
Cabinet to approve the decision post facto

Harish Gupta

New Delhi, Sep 22

It was a rare occasion in the Independent India's history when the President used his extra-ordinary powers to promulgate the Taxation Laws (Amendment) Ordinance 2019. The Ordinance was issued to bring into effect the slew of corporate tax rate cuts late on Friday night.

If it was a “HOWDY” moment for the Indian and foreign investors, there is some confusion and surprises too. The surprise is as to why the President, Ram Nath Kovind, had to use his extra-ordinary powers to sign the Ordinance hours before the Prime Minister left for the USA on a week-long tour. Secondly, what prevented the PM to hold an emergency Cabinet meeting to get the proposals passed. A Cabinet comprises of PM and one Cabinet Minister and the presence of all 25 Cabinet ministers is not required as per the Supreme Court ruling.
Its clear that the decision was taken in the last hours of the Prime Minister's planned departure on September 21 night to Houston (USA). 

This is first time in several decades when the President used his extra-ordinary powers to promulgate the Ordinance without Cabinet approval. There have been occasions in the past when the President used his extra-ordinary power to sign the Finance Bill when the Parliament failed to pass it in Parliament due to ruckus.
But in the instant case, Kovind used the provision in the Government of India (Transaction of Business) Rules that allows for the promulgation of an Ordinance with the understanding that the Union Cabinet would retrospectively give its approval.
Though the Union Cabinet had met on Wednesday in the morning and Finance Minister Nirmala Sitharaman was in town. But it was only after she left for Goa that the Prime Minister decided to give the historic Corporate tax bonanza to boost investments and sentiment in the country and the USA & elsewhere. Surely, it was a last hour decision before the PM was to depart to Houston on September 20 evening. The PM used his extra-ordinary powers to send the file to the President recommending for the promulgation of Ordinance before he departs.

The President too used his extra-ordinary powers to issue the Ordinance which had no Cabinet approval.
The Ordinance amends the Income Tax Act 1961, and the Finance (No. 2) Act 2019 to give any domestic company an option to pay income tax at the rate of 22% subject to condition that it will not avail itself of any exemption or incentive. This was surely an extra-ordinary situation as Cabinet will approve the decision in September end after the PM returns.
Ends 

Saturday, May 6, 2017

Finding a new defence minister a herculean task

by Harish Gupta, National Editor, Lokmat Group


Special report

Finding a new defence minister a herculean task

Harish Gupta

New Delhi, May 3 :

Finding a new Defence Minister is getting extremely tough for Prime Minister Narendra Modi. 

Though pressure is mounting from the Opposition parties that Modi find a full-time Defence Minister considering continued threat from across the borders, Modi is finding it difficult to relieve Finance Minister Arun Jaitley of the additional charge.

The issue cropped up again when Jaitley called on the PM yesterday ostensibly to discuss the crisis in the Valley and mutilation of bodies of the Indian jawans by the Pakistanis.

Jaitley who was to visit Japan had to defer his visit by two days in the wake of current situation. It is learnt that he pleaded with Modi to relieve him of the additional charge as early as possible. However, Modi is reported to have said that it will take a while to find a suitable person for the key Cabinet post. Modi doesn’t want to reshuffle his Cabinet in a hurry and under pressure.  

The reasons for not appointing a full-time Defence Minister after Manohar Parrikar’s sudden departure to Goa are many. Sources say that the matter was discussed at the high-powered core committee meeting of the party comprising of PM, BJP chief Amit Shah, Arun Jaitley, Rajnath Singh, Nitin Gadkari and M Venkiah Naidu. 

Modi reportedly said the situation is back to square one as it existed in May 2014 when Arun Jaitley had to be given the dual charge of the defence ministry in May 2014.

He had a great difficulty in persuading Manohar Parrikar to come to Delhi and hold the charge of Defence Ministry. But he had to go back in less than two years. He asked the core group members to suggest a name for the post as none of the senior Chief Ministers of the BJP ruled states can be moved out as Assembly elections are likely to be held within the next 12-18 months in their states.

Though one of the proposals under the consideration was to move Railway Minister Suresh Prabhu to Defence and give additional charge of the Railways to the Road Transport Minister Nitin Gadkari. But it was felt that no purpose will be served by replacing dual charge of one minister with the other.

Secondly, Modi is keen to undertake a major reshuffle of his Cabinet. He wants to do it after the President and Vice President’s elections in July-August. 

Modi is also keen to find new faces in states who can be brought to the Centre. Amit Shah is already on tour of states for next 90 days and tirelessly campaigning. 

The PM had told a group of MPs from Maharashtra the other day that 30 ministers of his government have no work after 2 pm. He had also said that good governance is minimum government which virtually signaled that he may trim his ministry.


Therefore, finding a new Defence Minister is turning out to be a herculean task.

Tuesday, May 17, 2016

TOO MUCH SWAGGER

by Harish Gupta, National Editor, Lokmat Group



The government of Narendra Modi is soon to complete two years, which, if compared to a human life span, is like someone reaching 35 years. In 2014, Modi's NDA swept to power on the crest of great popular expectation. Yet, in what can be described as its late youth, the Modi government still fails to inspire confidence; rather, it resembles a dissolute person who refuses to learn from experience.

As it approaches 'midlife', it becomes more and more brazen with institutions and rules. Much of it centres on Modi's hatred for Congress, the main opposition party, beginning with his invective that he'd like to see a "Congress-mukt Bharat". His irritability to the presence of Congress even in far-flung and minor states was evident last year when the Union Government, assisted by the loyal Governor of the border state of Arunachal Pradesh, laid out an elaborate plan to topple its Congress government with the help of 'dissident' MLAs. The plan succeeded but not without the smoke and mirrors of a conspiracy— complete with the Governor attempting an assembly 'floor test' in a five star hotel, the Union Cabinet holding meeting on a Sunday to recommend President's rule under Art 356, and it being revoked as soon as Kalikho Pul, the main dissident leader, had obtained the required number to form the next government. A last word on this adventurism is yet to the written as SC ruling is expected anytime.

After 'liberating' Arunachal from Congress rule, the Modi administration turned its attention to Uttarakhand where it turned out to be fatal this time round. At the end of a 50-day-long tug-of-war between Uttarakhand's Congress chief minister Harish Rawat and the Centre, it was Rawat who had the last laugh. Following a powerful intervention by the high court, and a robust judgment of the Supreme Court that stuck to the knitting of the S. R. Bommai Case (1994, it held that promulgation of Art 356 is subject to judicial scrutiny), Rawat not only regained his chief minister's seat but dealt a blow to BJP powerful enough to put its nose out of joint.

Modi's obsession with the Congress is now affecting his clarity of judgment on issues that are less personal and of more immediate concern— like a stagnant economy, a retail inflation which is proving more stubborn than earlier projected, and a banking system reeling under NPAs. It is at this juncture that Subramaniam Swamy, BJP's one-man army against the Congress, has entered the fray. He has begun a vilification campaign against RBI Governor Raghuram Rajan. He is known as a crusader against inflation and respected globally for his nose for coming economic crises. But Swamy's vitriolic outburst against Rajan, that he be "sacked", is both offensive and puzzling. Why did the Prime Minister, who had seemed to hold Rajan high in his personal estimation, did not discipline Swamy? Is it because Swamy was targeting a man put on the high pedestal like RBI chief, by Congress? If so, it is a pity because BJP lacks economic talents and Rajan is not only a renowned central banker but a tough sheriff to control the loot of banks by crony capitalists. 

However, having seen Congress humbled to 44 Lok Sabha seats after the 2014 general election, there was little need for even a ruling party wedded to a 'Congress-free India' to act in a tizzy. With 57 Rajya Sabha members having retired last week, 14 of them from Congress, the party's strength in the Upper House may even dip low enough for BJP to finally draw level with it. Besides, Congress is out of power in all but six of the 31 states, while two others, Kerala and Assam, are poll-bound. Instead of lying low for the present due to tactical reasons, the administration is actually giving local & regional parties enough provocation to rally with Congress in future. A recent example of a past critic of Congress turning a new leaf is the ease with which the two BSP members of the Uttarakhand assembly hugged Congress MLAs, their rivals, before the floor test of Rawat's majority at the Dehradun assembly. 

Modi and his advisors are perhaps hoping that Congress president Sonia Gandhi might get mired so deep in the Augusta-Westland controversy that, in a parliament with a near-silent opposition bench, it will be cakewalk in the next three years till 2019 poll. Pro-Modi activists are perhaps drawing parallels from recent history, particularly with the effectiveness of the 1989 campaign against the late Rajiv Gandhi in the thick of the Bofors payoff allegations. But the inherent reason for the Congress rout under Rajiv lies not just in the scam report but in the more compelling fact that the party was without any major ally when the crisis was taking shape. Despite getting a massive mandate of 411 Lok Sabha MPs, Rajiv Gandhi’s advisers allowed the Left to join hands with the BJP and messed up every issue; be it Shah Bano, Babri, Sri Lanka’ Tamilians or Bofors. The final nail in the coffin came from forces within Congress.  

BJP under Modi is also drifting towards a similar alienation. In Bihar last year, and West Bengal now, Congress is winning friends. If BJP can put up an impressive performance in Assam as the results are declared this week, it will be due to its alliance with AGP and Bodoland People’s Front. In the Uttar Pradesh election next year, the chances of a Bihar-style anti-BJP mahagatbandhan depends on just how much Modi can avoid confrontation. On the day of election, voters after all prefer achievers, not swaggerers and hyper-combatants.