Jaipur, India - Governor Pratibha Patil is yet to act on the Rajasthan Religious Freedom Bill 2006, re-sent to her by the State Government after a Cabinet decision on Monday. A decision is likely only after Ms. Patil, now in Mount Abu, reaches the State capital on June 19.
The Governor had acted under the Provision of Article 200 of the Constitution to return the Bill "reserving it for the consideration of the President." She had reportedly objected to certain provisions, which infringed upon individual freedom.
Referred to legal experts
The Cabinet meeting, while deciding to re-send the Bill, noted that the points raised by Ms. Patil had been referred to legal experts, including the Advocate-General of the State and clarifications provided. Parliamentary Affairs Minister Rajendra Singh Rathore communicated the decision of the Cabinet on the Bill — along with other decisions — to media persons.
Chief Minister Vasundhara Raje has maintained her silence. The Bharatiya Janata Party, the Vishwa Hindu Parishad and front organisations of the Rashtriya Swayamsevak Sangh welcomed the Government's decision while human rights bodies, minority organisations, Congress and the Left condemned it.
Expert's view
"The Rajasthan Government has not respected the Constitutional discipline by deciding to send back the Bill to the Governor. The Government should have forwarded it to the President as it was suggested by the Governor," legal expert Rajeev Dhavan said. "In order to appreciate the Governor's decision we have to bear in mind that India is not just a democracy but a constitutional democracy founded on secular principles designed to protect the freedom of thought and belief of all, including any minority, however big or small," he said.
The legal experts are of the view that the Governor might forward it to the President directly and leave it to him to decide. There is at least one precedent in Rajasthan in which a Bill — for renaming Jodhpur University Jainarain Vyas University — was sent directly to the President by the then Governor O.P. Mehra.
"The struggle will continue. We will approach the President to request him not to give assent to the Bill," Bishop Oswald Lewis, the Bishop of the Catholic Diocese of Jaipur, said.