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AP Govt should not spend money as Appropriation bill is not passed in the Legislature: Jandhyala Ravi Shankar
The Appropriation Bill is in "transit" not "transmitted" from Assembly to Council: Ravi Shankar
Amaravati: Challenging the spending of the money by the AP government from the public exchequer, Ravi Shankar Jandhyala, senior Advocate said that the Government was not authorised by the Legislature. The government failed to enact the Ordinance as an Act, which was recently promulgated, in view of the COVID19 pandemic. At the same time, the Government failed in getting the Appropriation bill passed from the Legislative Council.
He explained that, in a Bicameral legislature, the Appropriation Bill must be transmitted from Assembly to Council. But, it has not happened in the AP Legislature, he observed. Without even moving the motion for consideration on the Appropriation Bill in the Council, it was adjourned sine die, he explained.
Explaining about the legislative practices and procedures, Ravi Shankar asserted that, "There are three steps in the Assembly for a bill to be passed, including introduction, consideration and passing. However, in the case of Council, there are only two stages including consideration and passing. A bill passed in the Assembly must be transmitted to Council. Then it will be considered on a motion moved by the finance minister. But, in the case of Wednesday's incident, the Finance Minister Buggana Rajendranath Reddy did not even move the motion on Appropriation Bill on record. Hence, it will not become the property of the Council. Under these circumstances, the question of 14 days period as mentioned in Article 198 of the Constitution of India would not come into force as enthusiastically claimed by treasury benches, Ravi Shankar said.
Adding to that, he explained that, according to the Article 213 of the Constitution of India, an Ordinance must become a bill within six months from the date of the ordinance after the first assembly of the legislature. But, the government did not enact it as an Act, he concluded. Hence, the government has to search for other escape methods to avoid calamity.
