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CBI VS Kolkata Police Commissioner 

CBI VS Kolkata Police Commissioner 

What in news about CBI VS Kolkata Police Commissioner ?

  • Supreme court , Chief Justice Ranjan Gogoi after passing the order said that Rajeev Kumar should not be arrested and make himself available before the CBI for investigation. Besides, the investigation should be made in Shillong, Meghalaya .The SC  order observed to be a moral victory .
  • It happened after the “unprecedented” turn of events in Kolkata over the CBI’s bid to question City Police Commissioner in the Saradha chit fund scam . For this Centre is unlikely to recommend President’s rule in the State.
  • Though Home Minister told the Lok Sabha that the incident “bordered on the failure of constitutional machinery”, senior officials said the situation was not grave enough to invoke Article 356 of the Constitution enabling President’s rule.

About President’s Rule in  CBI VS Kolkata Police Commissioner :

  • The imposition of Article 356 of the Constitution on a State following the failure of constitutional machinery is called President’s Rule in India.
  • Once the President’s Rule has been imposed on a state, the elected state government will be temporarily dissolved, and the Governor, who is appointed by the government at the Centre, will replace the Chief Minister as the chief executive of the State.
  • The state will fall under the direct control of the Union government, and the Governor will continue to be head the proceedings, representing the President of India – who is the Head of the State.
  • Article 356 is inspired by sections 93 of the Government of India Act, 1935, which provided that if a Governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on in accordance with the provisions of the said Act, he could assume to himself all or any of the powers of the government and discharge those functions in his discretion.
  • The imposition of the President’s rule requires the sanction of both the houses of Parliament. If approved, it can go on for a period of six months.
  • However, the imposition cannot be extended for more than three years, and needs to be brought before the two houses every six months for approval.

When can President’s Rule be imposed on a state?

  • State Legislature is unable to elect a leader as Chief Minister
  • Collapse of a Coalition due to disagreements, parting ways within the members
  • Serious breakdown law and order
  • Elections postponed due to unavoidable reasons
  • Loss of majority in the state assembly
  • Shoot up of insurgency or rebellion

Way forward in CBI VS Kolkata Police Commissioner :

  • Kolkata CM must conduct this fight politically,  on this political motivated arrest but not administratively by using dharma fights.
  • On the other side, only way the CBI can escape this impression is by showing that it was justified in demanding the questioning of Mr. Kumar and establishing proof of its suspicions about his role in covering up the scam.
  • But Supreme Court order gave a “neutral “ stand  to this political situation .

 

http://iasipstnpsc.in/rishi-kumar-shukla-appointed-cbi-director/

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