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.”