Lok Satta founder Jayaprakaash Narayan today congratulated Andhra Pradesh Chief Minister N Chandrababu Naidu for taking a wise decision to refer the Clinical Establishment Act, 2010 enacted by Parliament under Article 252 to a Select Committee of the State Legislature.
In a letter to the AP Chief Minister today, Jayaprakash Narayan said at the request of the then Health Minister, Foundation for Democratic Reforms had held a series of consultations and discussions with stakeholders and prepared a draft Bill and sent it to the AP government. Drawing the Chief Minister’s attention to Article 252(2) of the Constitution, Jayaprakash Narayan said: “Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in similar manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State”.
The Lok Satta leader also said if the State Legislature adopted the law in Parliament on a State subject, the State will have no power to amend or repeal it and Parliament alone will have such a power. In effect, adopting a law of Parliament on a State subject under Article 252 means the State has voluntarily ceded the power of legislation on a State subject to Parliament and will have no capacity to legislate on the subject in future until Parliament repeals the law. This provision is entirely against the spirit of federalism and severely abridges the State’s powers even on a State subject under 7th Schedule.
Jayaprakash Narayan urged Chandrababu Naidu not to adopt the law of Parliament, but to enact fresh legislation for the State of Andhra Pradesh on the lines prepared by Foundation for Democratic Reforms, which has taken a balanced position to protect public interest without creating a License Raj and inhibiting private investment. (NSS)