Maharashtra: President didn’t extend tenure of statutory development boards

NAGPUR: In an interesting twist to fight over reconstitution of statutory development boards, particularly of Vidarbha and Marathwada, between the Maha Vikas Aghadi (MVA) government and opposition BJP, it came to fore that the President of India Ramnath Kovind didn’t extend their tenure after it lapsed on April 30 last year.
Quoting Article 371 (2) of the Constitution, well-known lawyer Firdos Mirza clarified the Maharashtra government can’t do anything unless permission for extension came from the country’s highest office.
“The last extension was granted by late President Pranab Mukherjee on April 30, 2015. After that no order was issued for their extension and hence their tenure lapsed on April 30, 2020. In view of the President's first order of 1994, now these boards can’t remain as legal entities and the governor has no powers to reconstitute them now unless new orders come from the President,” he told TOI.
Endorsing his views, former advocate general Shreehari Aney said now the central government’s council of ministers need to float a proposal before the President for granting extension to these boards. “Only after his assent, the boards could be reconstituted. The state simply has no role to play in the entire episode until then,” he said.
Aney said that deputy chief minister Ajit Pawar’ statement in the assembly that the MVA government would reconstitute these boards if governor BS Koshyari nominates 12 MLCs as per demand has no significance. “Even the state can’t stop the governor from reconstituting these boards after the President’s nod, as it would be against the Constitutional requirement,” he said.
The senior counsel advised the BJP leadership led by leader of opposition Devendra Fadnavis to apprise Prime Minister Narendra Modi and home minister Amit Shah of the situation and request them to advise the President to extend the 1994 order for paving way for boards’ reconstitution.
According to Mirza, then President in exercise of the powers under Article 371 (2) implemented the ‘State of Maharashtra (Special responsibility of governor for Vidarbha, Marathwada and the rest of Maharashtra) Order, 1994’, as per the resolutions passed by the Maharashtra legislature for establishing three development boards.
On March 9, 1994, the President declared that the order would remain in force for five years. On April 30, 1994, the then governor constituted the boards specifically clarifying that his order would remain in force till as declared by the President, which is up to April 30, 1999.
“This President’s order came into effect from May 1, 1994. In terms of its sub-clause (3) of clause 1, it was to remain in force up to April 30, 1999. President extended order in 1999 for five years, and then for one year in 2004, 2005, 2006. By second amendment in 2005, the order was again extended by five years till 2010. Lastly, President Mukherjee signed on its extension till April 30, 2020, after which it has lapsed,” Mirza, also a Constitution expert, said.