The Hindu : Opinion / Letters to the Editor : Court direction

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Friday, Mar 11, 2005

Opinion

Opinion - Letters to the Editor

Court direction

Sir, — This refers to the Supreme Court's direction to the Jharkhand pro tem Speaker to advance the date of the composite floor test in the Assembly to Friday. In view of the Court's observations against the Governor's action (of inviting Shibu Soren to form the Government), the UPA Government should recall him.

K.R.P. Gupta,
Mumbai

* * *

Sir, — Governor Syed Sibtey Razi should either gracefully resign or somebody in New Delhi should ask him to do so, irrespective of the outcome of the floor test. He has lost the moral authority to continue in office.

M.C. Joshi,
Lucknow

* * *

Sir, — The Court's direction is a severe indictment of the Governor. The UPA Government should distance itself from the Jharkhand fiasco to avoid embarrassment.

G. Natesh,
Chennai

* * *

Sir, — It is increasingly becoming clear that in India the judiciary and the Election Commission are the only two institutions that can be depended upon to uphold the Constitution. The Supreme Court has done well to uphold justice in advancing the floor test to March 11. By restraining the Governor from nominating an Anglo-Indian member to the Assembly until after a legitimate government takes over, it has effectively prevented possible manipulation of the confidence vote.

H.R. Bapu Satyanarayana,
Mysore

* * *

Sir, — Even after over 50 years of independence, if the nomination of a member from the Anglo-Indian community is a must, it should be done only by a government that has proved its majority in the House. The Supreme Court has done well to prevent the misuse of the provision.

I. Nidhi,
Hyderabad

* * *

Sir, — The Court's direction to the pro tem Speaker to conduct a composite floor test in the Assembly on March 11 instead of March 15 amounts to interference in the executive powers of the Governor. Such judicial over activism does not augur well for a parliamentary democracy.

Hemant Kumar,
Ambala, Haryana

* * *

Sir, — What matters now is not whether Arjun Munda or Mr. Soren wins. The fact that the judiciary deemed it fit to fix the business of legislature is what should be of concern. This time it is only a question of advancing the date of the confidence motion in a State Legislature. A day may come when politicians may approach courts for giving directions to a Lok Sabha Speaker or Chairman of the Upper House. It is therefore imperative that our legislators fill the existing gaps in the Constitution by appropriate amendments so that the judiciary does not find it `necessary' to interfere in areas hitherto unheard of.

Shantaram Naik,
Former MP,
Margao, Goa

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