Hurdle for CM Siddaramaiah, BBMP cannot be dissolved till tenure ends

Bengaluru: Chief Minister Siddaramaiah, who is in a great hurry to divide the BBMP, may not be able to get the go-ahead till 2020. Even if President Pranab Mukherjee gives his assent to the KMC (Amendment) Bill, 2015, recommending restructuring of the BBMP, the new entity can come into existence only after the present elected body completes its five years term.

“The Constitution has guaranteed protection to the elected body and it cannot be dissolved unless it faces major allegations or indulges in serious violations. The state government should also have strong justification to dissolve the elected body. Otherwise, no court will allow dissolution of the local body. Any amendment to the existing rule is applicable only after the tenure of the corporation ends," said a senior officer in the Law Department.

 Mr Siddaramaiah, who wanted to divide the BBMP into two or more corporations, had ensured the passage of KMC (Amendment) Bill 2015 in both Houses and sent it to the Governor, who forwarded it to the President.

Law and Parliamentary Affairs Minister T.B. Jayachandra told Deccan Chronicle that once a Bill is sent to the President, it cannot be said when it will be signed. For instance, the Land Grabbers (Prevention) Bill sent by Karnataka took five years to get the President's signature.

“We cannot put a time limit for the Bill's approval. We have learnt that the KMC (Amendment) Bill has gone to the Union Home Ministry, and from there it will go to other departments before reaching the Rashtrapathi Bhavan. The President might seek clarifications before signing the Bill,” he said.

Mr Jayachandra agreed that there is no clarity on whether the new law would come into effect soon after the President's assent or after the elected body completes its tenure. The Law Department will consult legal experts after the President approves the Bill, he said.

 Senior BJP MLA and former Law Minister S. Suresh Kumar said that if the government wants to implement the new law, it has to accommodate the existing councillors in the new corporations till they complete their five-year tenure. When the Tumakuru City Municipal Council was upgraded to corporation, the elected members continued as councillors till they completed their tenure. The government has no powers to curtail the tenure of an elected body to implement new legislation, he said.

Before proposing the division, the state government had formed an expert committee, headed by former chief secretary B.S. Patil, to study the pros and cons of dividing the BBMP. The committee recommended that the Palike should be divided into five smaller corporations with mayors to be directly elected by the people for five-year tenures. The government had been pushing this agenda, despite strong opposition from opposition parties.