Experts laud Supreme Court for setting timely precedent

Senior advocate C S Vaidyanathan said the court needs to immediately lay down guidelines for a governor to act in such situations.

Karnataka Elections 2018
BCCL
'The Supreme Court did the right thing in ordering a floor test immediately. Otherwise, the governor’s move would have led to unconscionable consequences such as horse-trading,” said senior advocate Arvind P Datar.
NEW DELHI: The Supreme Court has set a healthy convention by ordering a quick floor test in Karnataka assembly, experts said, and this would be a good precedent. It was also a lesson for governors to not just go by the claims of a politician claiming to have the majority.

“Hopefully, this will lead to a healthy constitutional convention. The Supreme Court did the right thing in ordering a floor test immediately. Otherwise, the governor’s move would have led to unconscionable consequences such as horse-trading,” said senior advocate Arvind P Datar. “The governor should never have gone by the empty promises of the leader of the single largest party. He should have ensured that the leader had letters of support from others. The court’s decision, asking them to take the floor test within 24 hours, was salutary. Thirty-six to 48 hours is a reasonable time for a floor test.”

Senior advocate C S Vaidyanathan said the court needs to immediately lay down guidelines for a governor to act in such situations. “The governor should not take claims at face value but should insist on letters of support and do his due diligence.” The court’s immediate intervention in Karnataka saved constitutional framework and democratic structure, he said.


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