PANAJI
The Goa government has justified its decision to accord cabinet status to former Chief Minister Pratapsingh Rane claiming that the decision was a ‘policy decision’ of the state cabinet and that since the senior Rane was not under any circumstances being appointed a minister, it didn’t violate the constitutional provisions as alleged by advocate Aires Rodrigues.
In a reply to a petition filed by Rodrigues, who has challenged the constitutional validity of the decision to appoint, Goa’s undersecretary (personnel) Shripad Arlekar told the court that the decision was more like an award rather than a formal appointment to any post.
“It was resolved to confer lifetime status of the rank of Cabinet Minister with all consequential benefits on either past or present MLAs who have served for at least eight continuous terms as MLA and have held the position of Chief Minister. The cabinet also resolved to recognize and honour the Respondent No. 3 (Pratapsingh Rane) for his lifetime contribution to the State as an MLA for 10 continuous terms over the past 50 years since 1972, and for having been the Chief Minister of the State of Goa for more than 15 years,” Arlekar said in his reply.
“The decision taken by the Government to recognize and honour the MLAs, either past or present, who have served for at least eight continuous terms and have held the position of Chief Minister, is a policy decision. The decision has been taken that such MLAs who have contributed to the State during their lifetime, should be recognized by the State by conferring on them the status of the rank of a Cabinet Minister with consequential benefits,” he said.
Arlekar in his reply stated that “the decision only confer the status on Rane was “as a mark of recognition and to honour for his lifetime contribution to the State.
“I say that the same is not an appointment and Pratapsingh Rane is not a Minister or a part of the Cabinet. I say that the notification and the decision only pertain to conferment of status and not appointment as a Cabinet Minister,” Arlekar said adding that there are other persons/posts in the State, for instance the Chairman of the Law Commission, the NRI Commissioner, etc. on whom the rank and status of Cabinet Minister has been conferred.
“Mere conferment of such status does not mean that such person/post is appointed as a Minister. The same only relates to providing equivalence in status as that of a Minister giving the person the consequential benefits which are granted to a Cabinet Minister and does not in any mean or amount to appointment of such persons as Ministers,” he added.
“Since the conferment of status is in the nature of an award/recognition/honour conferred it does not require any provision under the Constitution or a law for the same. The conferment of any award/recognition on individuals for their contribution to the State can be done by way of an executive action and as a matter of policy and the same does not require any provision in the Constitution or any legislation,” Arlekar said adding that there are certain National and State awards which are conferred on eminent personalities, which entitles them to benefits.
“Such awards are conferred by way of executive action and not pursuant to any law made by the Parliament or the State Legislature. There has been a long standing and accepted practice of the State recognizing and honouring the citizens for their contribution in different fields, including sports, science, art, etc. and conferring upon such individuals certain privileges and benefits. It is well within the executive power of the State to honour and recognize distinguished personalities who have been in public life and contributed to the State during their lifetime,” he added.
“There is a difference between appointing a person to any particular post along with status of the rank of a post, and merely providing equivalence in status and rank. In the present case, the Rane has not been appointed to the post of Minister or accommodated against any post to enable him to function as a Minister. The Government has only conferred the status of Cabinet Minister on Rane and the same has been done only to recognize and honour his lifetime contribution to the State as a Legislator having been elected for almost 50 years and for also being the longest serving Chief Minister of the State for more than 15 years,” Arlekar added.
Earlier, Rane in his reply stated that he had not sought the position and would leave it to the court to decide the legality of the decision.
“It is clear that this honour has been bestowed upon me by the government of Goa for my lifetime contribution to the state of Goa as a member of th eGoas state legislature for 50 years continuously from 1972 onwards and as chief minister of Goa for more than 15 years during this time. I submit that I have not asked for any such honour, privilege and the same has been bestowed upon me by the state of Goa in its own discretion and wisdom,” Rane said in a reply filed before the High Court that is hearing a petition filed challenging the notification granting him lifetime cabinet status.
Rane said that while he believed that the decision is not “contrary to law in any manner whatsoever, either as alleged by the petitioner or otherwise” he was “not dealing with the petitioners allegations with respect to the legality of the said notification and with all humility, will leave this matter to the Goa government and to the best judgement of this Court.”
