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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Discussing the Conduct of the President or Governor 1

Discussing the Conduct of the President or Governor 1

Chapter:
(p.208) 33 Discussing the Conduct of the President or Governor1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0043

This chapter criticises the Tamil Nadu assembly's suspension of Rule 92 (vii) of its rules of procedure in order to discuss the conduct of the State Governor Chenna Reddy. It explains that this rule prohibits an assembly member from discussing the conduct of the president or any governor or any court of justice to influence a debate, and argues that if the rule can be suspended then there is no way prevent discussion of the conduct of the president. The chapter also contends that none of the grievances aired in the assembly in April 1995 warranted the drastic step of suspension of Rule 92 (vii). In addition, there are some serious misconceptions on the permissible limits of discussion in the legislature of the conduct of the head of state in a parliamentary democracy and of the conduct of the head of government towards the head of state.

Keywords:   Tamil Nadu, Rule 92(vii), Chenna Reddy, State Governor, head of state, parliamentary democracy

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