Ministry's support must be tested in House and not by governor !29 years ago, Karnataka was hurled into a huge political crisis after MLAs withdrew support to S R Bommai's Janata Dal ministry. As the governor recommended that the chief minister be dismissed and President's Rule imposed in the state, then President R Venkataraman disagreed with Rajiv Gandhi's Cabinet and argued that 'the question whether a ministry commanded the confidence of the assembly should be tested in the House and not by the governor.' this time MLA Join better then Fevicol !
Ministry's support must be tested in House and not by governor !29 years ago, Karnataka was hurled into a huge political crisis after MLAs withdrew support to S R Bommai's Janata Dal ministry. As the governor recommended that the chief minister be dismissed and President's Rule imposed in the state, then President R Venkataraman disagreed with Rajiv Gandhi's Cabinet and argued that 'the question whether a ministry commanded the confidence of the assembly should be tested in the House and not by the governor.' this time MLA Join better then Fevicol !
bench had no option other than to silently accept the argument that it must conform to the precedent set by the CJI Khehar led 3 judge bench in April, 2017 !
On that occasion, the bench had hurriedly advanced the floor test in the newly constituted Goa assembly to help the post poll alliance between the BJP and 2 local parties to form the govt when the Congress was trying to stake claim for power as the party with the largest no of MLAs !
The SC is caught this time by its own earlier act !
Re: The 3 judge SC
by Sandeep Singh on May 18, 2018 03:50 PM
SC judges too have difference of opinion wherever there is possibility due absence of strict rules in constitution (conduct of governors not defined in constitution due to political reasons). There are also humans like us and have not been sent by god from heavens!!!
Re: Re: The 3 judge SC
by piri on May 18, 2018 05:01 PM
True. Judges too are fallible humans.
And that is why an SC bench recently dismissed the demand for a fresh inquiry into the death of Judge Loya ignoring overwhelming evidence presented regarding the suspect nature of the manner of death that was claimed by the state !!
Judges are humans indeed. Some of them (such as Dipak Misra - who has a proven case of corruption against him - and Chandrachud) are so fallible as humans that they let the cat out of the bag all too often about their fallibility !
They fall all too easily to the threats and inducements sent by big time thieves who happen to wield executive power !
