P.J. Thomas, whose appointment as Central Vigilance Commissioner was quashed by the Supreme Court, on Wednesday petitioned President Pratibha Patil to obtain the apex court’s opinion on the legality of the judgment given by the three-member bench in his case.
“We have requested the President to invoke Article 143...The reason is that three judges’ judgment on the CVC is not legally valid because Article 145(3) clearly says that the minimum number of judges required for interpretation of Constitution is 5. In effect this judgement is null and void,” his lawyer Wills Mathews said.
“Once it is null and void, it cannot be reviewed. That means there is a Constitutional crisis,” Mr. Mathews said.
He said only the President can invoke Article 143 and consult the Supreme Court on the legality and validity of the judgement by a three judges’ bench.
“Today we submitted a representation to the President’s office in this regard,” he added.