Supreme Court Cases (SCC) Supreme Court: The 2-judge bench of Hon’ble RM Lodha and NV Ramana, JJ issued notices to Bhartiya Janata Party and Congress in the case challenging the President’s rule in Delhi. The question that arose before the Court for consideration was that whether after the enactment of Tenth Schedule of the Constitution, waiting or accepting defection to happen is at all a relevant consideration on whether or not to keep the Assembly in suspended animation and not to be dissolved. The petitioners had relied upon the decision of the Supreme Court in Rameshwar Prasad v. UOI, (2006) 2 SCC 1 where it was held that “Undisputedly, a Governor is charged with the duty to preserve, protect and defend the Constitution and the laws, has a concomitant duty and obligation to preserve democracy and not to permit the canker of political defections to tear into the vitals of the Indian democracy...”. Stating that the Rameshwar Prasad case may need a deeper consideration, the Court said that before considering it is necessary to obtain views of the aforementioned 2 political parties as their firm position in the matter may obviate necessity of consideration of the above question. [Aam Aadmi Party v. Union of India, Writ Petition (Civil) No(s). 163 of 2014, decided on March 7, 2014]
Posted on: Wed, 12 Mar 2014 11:57:27 +0000
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