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Experts divided on SC order advancing trust vote

March 09, 2005 23:19 IST

Legal experts were divided over the Supreme Court order advancing the floor test in Jharkhand assembly to March 11.

Some said it would clear the air of uncertainty, while others said such interference by courts would lead to a major controversy.

Those who felt that Wednesday's direction was an "infringement of the internal functioning" of the House said the court had exceeded its jurisdiction in directing the pro-tem Speaker to video record the assembly proceedings.

However, experts like P P Rao and former law minister Shanti Bhushan hailed the apex court order on all points saying advancing the floor test was correct.

Noted constitutional expert Rajeev Dhavan said no prima-facie case was made out for the apex court to interfere with the decision of the governor, who had fixed the date for the trust vote.

"It was not for the Supreme Court, which was not apprised of all facts, to assume that the governor's decision was wrong nor was it appropriate for the court to command or indicate to the legislature how it should conduct proceedings," he said.

He added it was for the legislature to decide the "nature of confidence debate".

A senior advocate, on condition of anonymity, said, "The order is going to be a big controversy".

"Parliament is likely to take strong objection to interference by the courts about the proceedings in the legislative assembly because it infringes upon the internal functioning of the house and what applies to legislative assembly can equally be applied to Parliament," he said.

Earlier Report: Jharkhand trust vote on March 11: SC

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Sub: SC Order on Jharkhand

What has been happening in Jharkhand or Goa is beyond mundane discussions about propriety of interference by the SC in the parliamentary domain. A belated ...

Posted by J.P. Painuly


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