Even as all eyes are on the Raj Bhavan in Chennai to spell out the future course of action in Tamil Nadu, legal and constitutional experts say that inputs from former Advocate Generals and constitutional experts could help in handling the issue in hand.
“The Rashtrapati Bhavan and the Raj Bhavans can be very lonely places in times of a constitutional crisis. The Constitution, case law, and past practice give good guidance, but they do not cover, cannot cover, all eventualities. There are no textbook answers to situations that arise outside the book of predictables,” says former West Bengal Governor Gopalkrishna Gandhi.
The present situation in Tamil Nadu, he contends, “can be called unusual, unprecedented, and even be termed as a crisis. The Governor has no time-limit prescribed to him, but he has an unprescribed credibility-limit that must be honoured.”
While any machine or clerk can do an accurate head-count, a Governor has to do more, he underlines. “Seeking the best and most unbiased legal opinion, he must find his own way to give this unexpected situation a solution that is constitutionally unimpeachable, legally sustainable and morally reassuring,” says Mr. Gandhi, adding that with inputs from three or four former Advocates Generals in the State and one or two constitutional experts, the Governor should be able to find a solution that is constitutionally unimpeachable.
Former Solicitor General of India Mohan Parasaran says the Supreme Court has laid down principles for situations like these.
“The Governor would have to use his discretion objectively, and not subjectively and thereby uphold the constitutional and democratic values,” he says.
In the light of allegations that some MLAs were being held captive, the Governor should ensure that the confidence voting is not make a mockery, he says. “The Governor must ensure that the MLAs are not forced into voting for or against someone.”
