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July 2, 2001
1235 IST

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Centre to use Article 355 against Jayalalithaa

Sheela Bhatt in New Delhi

"The Centre will not accept the arrest and humiliation of former Tamil Nadu chief minister M Karunanidhi, Union ministers Murasoli Maran and T R Baalu and other DMK leaders," a senior Cabinet minister in the Atal Bihari Vajpayee government said.

"We have received the reports filed by the home ministry team of officials, and it is now being studied by Law Minister Arun Jaitley and legal experts," the minister said. "The Cabinet will meet at 1830 hours today to discuss the reports and the events in Tamil Nadu, and we expect to ratify the use off Article 355 of the Constitution.

"The shocking behaviour of TN Chief Minister Jayalalithaa Jayaram has left us with no other option," the minister said.

Article 355 empowers the Centre to "direct a state government in case of any perceived violation of the Constitution," the minister pointed out.

The minister, who has been keeping a close watch on political events in Tamil Nadu on behalf of the Cabinet, said that the resignation of TN Governor Fathima Beevi is a step in the right direction.

"The Prime Minister of the country cannot accept a situation wherein two of his Cabinet colleagues are in jail without having committed any crime," the minister argued. "It is a shame, an insult, and it violates constitutional norms.

"We will ask the state government to release the two Union ministers at the earliest. As a first step, we will opt for action under Article 355 and if that does not produce the desired effect, we will then have no option but to take recourse to Article 356."

The NDA coalition, however, does not have a majority in the Rajya Sabha and will therefore have a problem getting ratification for the use of Article 356. Responding to a question on these lines, the minister said, "This is politics, and governance. Who knows what the situation will be in two months, or six months?"

His reference was to the fact that as per the provisions of the Constitution, the Central government has a lead time of six months from the date of imposition of President's rule under Article 356 to get the approval of both Houses of Parliament.

"The situation is volatile today, so action has to be taken today," the minister pointed out. "Securing the honorable release of our Cabinet colleagues is our first priority."

Karunanidhi's Arrest: The Complete Coverage

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