Bombay HC moved over Goa flag hoisting dispute

Advocate Aires Rodrigues moved to the High Court of Bombay at Goa over the dispute pertaining to the state government nominating speaker of the Legislative Assembly Pramod Sawant for hoisting the national flag on Independence Day function.

In his petition, Advocate Rodrigues sighted that the High Court commence appropriate actions including Suo-Motu proceedings.

The copies of the petition letter were also sent to The Chief Justice of India and The Acting Chief Justice of Bombay High Court also. The advocate in his petition requested immediate intervention of the High Court to uphold the sanctity and solemnity of the laid down protocol.

The petition also contained the argument that Speaker of the Legislative assembly is an independent authority and not a part of the government, with the constitutional framework requiring him to be a non- partisan. Henceforth it is absolutely incomprehensible how he can assume the role and responsibility of the Chief Minister.

At the Independence Day state function it is the chief minister who hoists the flag and in his absence, it would have to be only by the senior most minister or by a minister nominated by the Chief Minister to fulfill the duty.

Till 1973, it was the Governor of the state that hoisted the National flag on Independence Day. This was changed in February 1974 when then Chief Minister of Tamil Nadu M. Karunanidhi took up the issue with incumbent Prime Minister Indira Gandhi. Since then it has always been the chief minister who hoists the national flag at the state level function of Independence Day.