Legislature vs Executive: Fadnavis rejects call to suspend Satara SP

Maharashtra Chief Minister Devendra Fadnavis has clarified the constitutional separation of powers, stating that the state legislature cannot assume the executive's role in suspending officials, following a controversy over the directed suspension of a Satara Superintendent of Police.

A day after Maharashtra council deputy chairperson Neelam Gorhe asked the government to suspend Satara SP, Chief Minister Devendra Fadnavis on Tuesday said action can be taken only after verifying facts and asserted the legislature cannot take up the executive's role.

Fadnavis stressed that the executive is answerable to the legislature. The legislature, however, has 'no power to step into the shoes of the executive', he said in the legislative council.

Gorhe's directive to suspend Satara Superintendent of Police Tushar Doshi following the ruckus during the Zilla Parishad president election had led to a debate on Monday whether the chair has the power to give directions to the government to suspend any official, especially an Indian Administrative Service or Indian Police Service officer.

Ministers Shambhuraj Desai (Shiv Sena) and Makarand Patil (Nationalist Congress Party) had alleged the local police manhandled them during the poll held on Friday to elect the Satara ZP president.

Bharatiya Janata Party's Priya Shinde was elected the Satara ZP president, trumping the Shiv Sena-NCP combine's candidate despite the latter having a majority in the rural local body. The BJP narrowly surpassed the Sena-NCP alliance's tally to win the top post.

The BJP, NCP and Shiv Sena are constituents of the ruling Mahayuti coalition.

The ruling Shiv Sena, the NCP headed by Sunetra Pawar, and the Opposition Nationalist Congress Party-Sharadchandra Pawar had demanded the SP's suspension.

Fadnavis said the powers of the executive, judiciary and legislature are defined in the Constitution.

Executive powers rest with the executive, and it is answerable to the legislature. The government makes an effort to implement the direction given by the chair, he stated.

"But, after apologising to the chair, I am saying this. The speaker and the chairman cannot step into the shoes of the executive. They have no power to step into the shoes of the executive," the CM said.

"When the chair issues any direction, it is a direction issued according to given circumstances. The executive acts if there is any reality to it. If the facts are different from reality, the executive has the right to tell the legislature that the reality is different and its direction cannot be implemented," Fadnavis said.

The chair's direction cannot be a final word, the chief minister said.

Distinction Between Suspension Actions

He sought to make a distinction between the suspension of the IPS officer and a similar action in the assembly.

Earlier, during the ongoing session, IAS officer M Devender Singh, member secretary of the Maharashtra Pollution Control Board, and joint director Satish Padval were suspended on February 27 after they allegedly failed to respond to queries and attend meetings convened by state Environment Minister Pankaja Munde.

The two officials were suspended following a directive by Dilip Lande, who was occupying the chair in the assembly. However, their suspension was revoked by assembly speaker Rahul Narwekar on March 9.

Fadnavis said that in the lower house, the officer did not come to brief the minister. This is not just a matter of executive, but also legislature.

Since the matter occurred in the legislature, it is the property of the legislature. Such directions are under the purview of the legislature, he said.

When anything happens outside the House, the rights are with the executive. The executive is answerable to the legislature, he added.

NCP-SP member Shashikant Shinde said this means the chair can give directions, but they can be implemented only after verifying the facts.

Council Chairman Ram Shinde said he will give a ruling on the issue at the earliest.