Mumbai: The Union government has opposed the jurisdiction of Enron probe commission to inquire into the executive decisions taken by the Centre under various Central statutes even as Justice S P Kurdukar has directed respondents to appear on January 14 to make final submissions on the issue.

In an affidavit filed on January 10, the Centre said the subject matter of the commission must confine to matters pertaining to Maharashtra government. The enlargement of the scope of commission of inquiry by the state government was impermissible in view of the Constitution limitation, it said.

"A commission of inquiry could not transgress into the field occupied by the Centre while examining matters relevant to the concurrent list. If that is so, then it shall clearly infract proviso to Article 162 of the Constitution. Thus, the state did not have powers to constitute an inquiry with regard to matters wherein the Centre had exercised executive powers."

The government affidavit submitted that the state government was not competent to issue the notification of November 7, 2001, appointing Kurdukar commission to the extent of probing the acts of Central government on the ground of failure of governance.

Electricity and matters pertaining to environment were in the concurrent list. If the Union exercised executive power with respect to these entries, the state's power to exercise executive power in these fields stood displaced to that extent, the affidavit pointed out.

Surprisingly, the Centre has changed its stand at this juncture, it said. Earlier, it had declared that it was supporting the jurisdiction of the commission.

PTI