Kerala Finance Minister Thomas Isaac disregarded the rights of the Assembly and violated his oath taken before assuming office by holding a press conference and revealing details of the CAG report before tabling it in the Legislative Assembly.
Ministers assume office after taking the oath that they will not divulge any confidential information that comes to their notice except for official purposes. The governor has the authority to expel those who violate this oath.
The legislature has the right to know the details of the CAG report first. Violating the rights of the Assembly can attract six types of punishment: 1. Expulsion from the Assembly in case the person is a member. 2, Jail sentence. 3, A warning. 4. Placing dissatisfaction on record. 5. Imposing a penalty. 6. Reprimanding by summoning to the well of the house.
Speaker seeks explanation
Kerala Assembly Speaker P Sreeramakrishnan on Wednesday sought an explanation from Isaac over the incident at the earliest. The Speaker's action followed a complaint filed by Congress MLA VD Satheesan to the Privileges and Ethics Committee of Kerala Legislative Assembly. Satheesan accused the finance minister of violating the rights of the House by leaking details of the process of audit before it was tabled in the Assembly. The complaint was moved under Section 159 of the Kerala Legislative Assembly, Rules of Procedure and Conduct of Business.
CM's nod needed to take action
Even if the Opposition issues a notice against Isaac for the breaching of parliamentary privilege by holding a press conference and releasing details of the CAG report, any action will be possible only with the chief minister’s approval.
A CAG report has to remain a confidential document till it is tabled in the Legislative Assembly. The allegation against Isaac is that made its details public before the Assembly knew about it.
The legislature often takes voluntary action against violation of its rights. For that, the Chief Minister, who is the Leader of the House, has to present a resolution and that needs to be passed. Else, a Legislative Committee should examine the violation and recommend action. Even then, action can be taken only if the Chief Minister approves it. This is unlikely against Isaac as the government has a majority in the legislature.
CAG’s actions are secret
The CAG prepares a report after repeatedly asking the government questions and receiving answers for them. If the answer is satisfactory, negative references will be excluded from the report.
In some cases, on the basis of the draft report, a meeting is held with the head of the department concerned, the finance secretary and officials of the accountant general's office. If the matter being concerned is of importance, then even the Chief Secretary is called.
If the explanation given by the government during the meeting is not satisfactory, it will be given more time to give a reply. All these steps are kept strictly confidential. Only then is the final report prepared and sent to the CAG for approval. If the approval is received, the report is printed in a private press.
The report will be given for printing only after an affidavit signed on stamp paper is obtained stating that it will not be leaked.
Secretary of Finance will get copies
Copies of the report will be provided by the AG to the Finance Secretary. After informing the Finance Minister and the Chief Secretary, the Finance Secretary will send the report to the governor seeking permission to table it in the Assembly.
If the governor’s approval is received, the report will be sent to the secretary of the Legislative Assembly in a sealed cover with a request that it be tabled in the House. When the Assembly convenes, the finance minister will put it on the table.
Once placed in the House, it will go to the Public Accounts Committee (PAC) for consideration.
The departments concerned should give an explanation within two months regarding the references in the report. If necessary, the committee will call officials from the AG's office and take evidence. If the PAC report is tabled in the House, the government should take immediate action and inform the Assembly about its status within three months.