Primacy should be given to Cabinet recommendation: BJP

Expressing its reservations on the Supreme Court's decision to uphold the appointment of Gujarat Lokayukta, the Bharatiya Janata Party said the view of the state government should be respected in such matters and the governor should not exercise discretionary powers.

"We are yet to get a copy of the Supreme Court judgement, but suffice it to say that we believe primacy should be given to the Cabinet recommendation in the matter of appointment of the Lokayukta," BJP chief spokesperson Ravi Shankar Prasad told reporters.

The main Opposition maintained that it will give a structured response after perusing the judgement.

Prasad, however, welcomed the Supreme Court decision to set aside the observations made against Gujarat Chief Narendra Modi regarding the appointment of Justice (retd) R A Mehta as the Gujarat Lokayukta.

BJP insisted that the primacy of the Cabinet decision should be upheld in all cases except those in which the governor has discretionary powers or where a collegium decides on the appointment.

Prasad maintained that in all other matters it is very established Constitutional position that the Cabinet's recommendation prevails.

BJP also condemned Congress attacks against Gujarat Chief Minister Narendra Modi after the Supreme Court judgement.

"This is a cry of desperation from Congress. They have been roundly defeated in Gujarat five times of which three times were under Modi... After the convincing defeat in the recent elections, Congress should learn to be patient," Prasad said.

The party also sought to know that if Congress is so serious about the Lokayukta's office, why has it not taken action against Delhi minister Raj Kumar Chauhan who was "seriously reprimanded" by the ombudsman.

The Supreme Court on Wednesday upheld Mehta's appointment by Governor Kamla Beniwal as the state's Lokayukta. The appointment had been done though Modi was not in agreement.

It also maintained that the governor is bound to act under advice of council of ministers but said the appointment is right as it was done in consultation with Gujarat high court chief justice.