Congress, BJP spar over gov’s power
New Delhi, March 19: Madhya Pradesh Congress party and BJP leader Shivraj Singh Chouhan on Thursday sparred over the role and powers of the governor in the Supreme Court which ordered floor test tomorrow on whether the Kamal Nath-led government enjoyed majority in the Assembly.
A battery of senior lawyers led by Kapil Sibal, A.M. Singhvi and Vivek Tankha, who represented chief minister Kamal Nath, Speaker N. P. Prajapati and the state government respectively, assailed thedirections of the governor ordering floor tests in view of tendering of resignations by 22 rebel MLAs.
They alleged that the governor has no authority to order when the Assembly is running.
On the other hand, Solcitor General Tushar Mehta, appearing for governor Lalji Tandon and senior advocates Mukul
Rohatgi and Maninder Singh, representing Chouhan and 16 rebel Congress MLAs respectively, strongly defended the governor’s direction.
Referring to various apex court judgements including in the S.R. Bommai’s case, Rohatgi said the governor has all the power to make a “tentative opinion” that the government has lost the majority after the resignations of MLAs and there was no infirmity if the government was asked to undertake the floor test.
Mr Singhvi said the day court begins to give timebound direction to the Speaker, it will be constitutionally problematic. Mr Singhvi said the governor has limited power with regard to Assembly functioning.
Mr Mehta told the Bench that Mr Nath was “sitting aside” in the turn of events and it is the Speaker who is “leading political battle”.