The Tamil Nadu Legislative Assembly Speaker P T R Palanivel Rajan yesterday held that the Speaker did not have the power to alter, modify or expunge the proceedings of the House approved by a predecessor, and declined to delete derogatory remarks in the House recorded against late Governor M Channa Reddy.
Giving a detailed ruling on a plea by C Gnanasekaran of the Tamil Maanila Congress (TMC), seeking deletion of the disparaging remarks against Reddy by members of the erstwhile assembly on April 19 and 26, 1995, Rajan said that the only redress could be for the House to pass a resolution, if it so desired, expressing its disapproval, condemnation and regret for the recording of indecent references against the then Governor.
On the precedent set by the previous Speaker R Muthiah in 1992, when he brought out a revised edition of the proceedings dated March 25, 1989, (the day All India Anna Dravida Munnetra Kazhagam leader Jayalalitha was involved in a fracas), he said that Muthiah had no authority to alter the proceedings approved by M Tamizhkudimagan, the Speaker in 1989.
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Therefore, he ordered the cancellation of the appendix included in the revised proceedings published on the order of Muthiah, by his ruling on March 26, 1992. Its copies should be destroyed in the assembly secretariat.
Rajan said in his ruling that to obviate the recurrence of such unconstitutional, unethical and indecent debates against the Governor in future, another rule should be incorporated in the assembly rules stating that under no circumstances should the conduct of the Governor, who is the head of the state and also part of the House, be discussed in the House by relaxing Rule 92(vii).
Rajan also rejected requests by Gnanasekaran and deputy speaker P Ilamvazhuthi for expunction of the derogatory remarks made in the House in 1993 against them which, they said, were contrary to the truth, but were allowed to be on record by Muthiah.
Though he agreed with them that they had been given a raw deal by the previous Speaker, who had omitted their speeches but had allowed charges hurled on them by the ruling AIADMK to remain on record, he was unable to do anything, as he could not alter the records.
Rajan said that the Governor, as the head of state under the Constitution, had the power to summon, prorogue and dissolve the assembly and the right to address and send messages to the House. He makes a special address to the House in the first session of each year, and is part of the legislature.
Though the Governor and Chief Minister might not have cordial relations, the institution of Governor had to be shown all respect and honour. Though he did not want to discuss the difference of opinion between the then Chief Minister and Governor, he was sorry to note that the assembly secretariat had systematically ignored and insulted the Governor, he said.
Commenting on Muthiahs role, the Speaker said that the former had not only permitted relaxation of the assembly rule to accuse the Governor inside the House, but even administratively allowed many violations to take place.
In at least 19 cases, promotion files for which Governors approval was necessary, were deliberately not sent to the Governor.
To cap it all, the former Speaker had ordered the removal of Reddys photograph from the legislature diary for 1993 after it was printed and bound. From 1994 to 1996, the Governors photographs did not find a place in the government and legislature diaries, and such non-inclusion was a totally irresponsible and vindictive action, he said.