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Updated: March 8, 2014 03:08 IST

Can you form government together in Delhi, SC asks Congress, BJP

J. Venkatesan
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Supreme Court on Friday told the Congress and BJP
The Hindu
Supreme Court on Friday told the Congress and BJP "What is worrying is keeping the Delhi Assembly under suspended animation for a year may be harmful for democracy." File photo

Bench posts the matter for further hearing on April 1

The Supreme Court on Friday sought the response of the Congress and the Bharatiya Janata Party on whether they are willing to come together to form a legitimate government in Delhi.

A Bench of Justices R.M. Lodha and N.V. Ramana issued notice to the two parties on the writ petition filed by the Aam Aadmi Party questioning the constitutional validity of the Presidential notification keeping the Assembly in suspended animation. The Bench posted the matter for further hearing on April 1.

The Bench sought the views of the two political parties after Attorney General G.E. Vahanvati and Additional Solicitor-General K.V. Viswanathan, representing the Central Government, submitted that fresh elections had not been held “because it is possible that the Congress and the BJP may come together to form a government in Delhi”.

The AAP had challenged non-dissolution of the Assembly and keeping it in suspended animation, contending that despite former Chief Minister Arvind Kejriwal and his Council of Ministers unanimously recommending dissolution and holding of fresh elections, as there was no possibility of the formation of a new government, the Assembly was not dissolved.

Appearing for the AAP, Senior counsel Fali Nariman and senior counsel Shanti Bhushan drew the court’s attention to the Centre’s affidavit stating there was a possibility of formation of a new government because of defections from the AAP.

Mr. Nariman submitted that defections were unconstitutional and the Central Government cannot wait for a government formed by defections.

Justice Lodha observed: “In politics, anything can happen. Initially, the Congress supported the AAP to keep the BJP out of power. If the AAP becomes their biggest enemy, they may tie up with the BJP to keep the AAP out. They, in any case, supported them to block the introduction of the Jan Lokpal Bill in the Delhi Assembly, as it was not in accordance with the procedure. Again, all parties joined together to pass the appropriation Bill and it shows anything is possible in politics.”

“The way things have happened in the Assembly, nothing is impossible and even the two parties, the Congress and the BJP, which do not met on any platform can still meet on the same platform and form the government.”

When Mr. Nariman expressed fear that the Assembly will be kept under suspended animation up to a year, Justice Lodha said: “It is not desirable to keep the Assembly in suspended animation as that will deny the people the right to have a popularly elected Government and it will be harmful to democracy. At the same time, we can’t say that the Lieutenant-Governor’s perception of the likelihood of formation of a government cannot be ruled out.”

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Its a very easy job ( comparatively ) to write a rational cogent
moderate article or news once in a life time ; but difficult if it has
to be performed repeatedly at frequent intervals , because situations
, both social & individual change over time ; extremely rare if it has
to be done for decades at a stretch day in day out. That is why any
work that last for a long time is considered valuable. For example
this news paper itself as an immediate reference at hand. I am making
this to say that AAM AADMI PARTY has failed in that test miserably.
They should have preserved the faith by not forming the GOVT., because
the excuse they gave whilst forming the GOVT.(with solicited or
unsolicited/inside or outside/ covert or overt understanding )runs in
the face of their justification after 49 days ( or is it 48 days) of
sticking in power. Its easy to criticize , but what's needed is to a
constructive criticism by giving a better solution & defending it
successfully , in the face of opposition

Posted on: Mar 8, 2014 at 07:37 IST

There is a basic issue which threatens the foundations of democracy. People vote and elect a person as he presents to them as an individual or a member of a party and / or merely for the "ideologies" of such a party which he represents. Such election is based not even on majority of the constituency but sheer largest number voting.After the election, he has no business to resign from the party or switch his loyalty to another for love or money or chair.He has to perforce quit his position and come back to offer his services under the shadow of whatever party he chooses to. It is again for the people to elect another person or the same. This should apply more so for independent candidates. If this basic issue is not sorted out, horsetrading will continue not only in Delhi but also in formation of next central government.This must apply to alliances after election.This is the fountain head and mother of all corruption in India.Now contesting election is a profitable business investment

Posted on: Mar 7, 2014 at 16:45 IST

Appreciable move by the SC. Though another election would cost the exchequer dearer, unfortunately it is inevitable in the present scenario. Therefore, the only option available is to go for the dissolution of assembly and order fresh poll.

from:  Partha
Posted on: Mar 7, 2014 at 15:06 IST

The Apex Court exceeds its jurisdiction

from:  manoharan
Posted on: Mar 7, 2014 at 15:05 IST
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