Nothing is impossible, the Supreme Court said today, as it asked the BJP and the Congress whether they could "join hands" and form a government together in Delhi.
The court asked both parties to explore the possibility and issued them notice, while hearing an Aam Aadmi Party petition challenging President's rule in Delhi.
AAP told the court that the Delhi assembly had been kept in suspended animation to facilitate defections between the two parties.
_________________________________________________________________________
What does the Constitution of India says about the selection of the Chief Minister:
164. (1) The Chief Minister shall be appointed by the
Governor and the other Ministers shall be appointed by
the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of the
Governor:
The Constitution of India is not clear about the selection of the Chief Minister. Is the Governor of the State free to choose anyone and appoint that MLA as Chief Minister. There is no clear guidelines.
It has been followed as the best practice to appoint the leader of a major political party as the Chief Minister. As per the Constitution, the Governor can pick and choose anyone and appoint that person as the Chief Minister of the State.
____________________________________________________________________________
The Constitution of India is very clear about the selection of Speaker and Deputy Speaker:
The Constitution of India is not clear about the selection of the Chief Minister. Is the Governor of the State free to choose anyone and appoint that MLA as Chief Minister. There is no clear guidelines.
It has been followed as the best practice to appoint the leader of a major political party as the Chief Minister. As per the Constitution, the Governor can pick and choose anyone and appoint that person as the Chief Minister of the State.
____________________________________________________________________________
The Constitution of India is very clear about the selection of Speaker and Deputy Speaker:
178. Every Legislative Assembly of a State shall, as
soon as may be, choose two members of the Assembly
to be respectively Speaker and Deputy Speaker thereof
and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall choose another
member to be Speaker or Deputy Speaker, as the case
may be.
(c) may be removed from his office by a resolution
of the Assembly passed by a majority of all the then
members of the Assembly:
The Constitution of India is very clear about the selection of Speaker and Deputy Speaker. It is clear about the removal from the office too.
It is very clear that Governor does not appoint the Speaker or Deputy Speaker.
Speaker and Deputy Speaker are elected by the MLAs.
They are elected by votes and removed by votes.
It is a clear democratic process; no appointment is involved.
__________________________________________________________________________
Supreme Court of India needs to look into this Delhi issue as a common issue in our democratic system; it had happened to many states in the past; it will happen to many states in future.
Frequent election is not a fun thing. People may lose their trust in the system.
We ask people of India to elect their representatives to the State Legislature and Parliament.
They did; they act with great responsibility.
But still the government couldn't function; that means there is some defects in the system.
___________________________________________________________________________
Ask them directly; let people elect their Chief Executive for the State as well as for the Nation.
They could do; they will do it effectively.
There will be no confusion.
Instead of Governor appointing a MLA to the post of Chief Minister; let people do.
_______________________________________________________________________
That needs an amendement in the Constitution.
In the current setup, people go to the polling center; cast their vote; and elect their representatives to the Legislative Assembly and Parliament.
Now, just like the selection of Speaker and Deputy Speaker, let them choose the Chief Minister.
Even now, Governor does not remove anyone from the post of Chief Minister.
Only by Vote of No-Confidence, a Chief Minister or a Prime Minister could be removed from the office.
Let us follow the same procedure.
Let there be a Vote of Confidence on the floor of the Legislature; and elect the Chief Minister.
That is the ideal way for now.
People elect their representatives for the Legislature.
Let people's representatives elect the Chief Executive of the State or of the Nation.
Governor doesn't need to appoint the Chief Minister.
The Supreme Court of India shall recommend to the Speaker of the Legislative Assembly to conduct an election for the selection of the Chief Minister of the State. This shall be called as Vote of Confidence.
When the Chief Executive is not performing; then the Chief Executive shall be removed by Vote of No-Confidence.
The Constitution of India is very clear about the selection of Speaker and Deputy Speaker. It is clear about the removal from the office too.
It is very clear that Governor does not appoint the Speaker or Deputy Speaker.
Speaker and Deputy Speaker are elected by the MLAs.
They are elected by votes and removed by votes.
It is a clear democratic process; no appointment is involved.
__________________________________________________________________________
Supreme Court of India needs to look into this Delhi issue as a common issue in our democratic system; it had happened to many states in the past; it will happen to many states in future.
Frequent election is not a fun thing. People may lose their trust in the system.
We ask people of India to elect their representatives to the State Legislature and Parliament.
They did; they act with great responsibility.
But still the government couldn't function; that means there is some defects in the system.
___________________________________________________________________________
Ask them directly; let people elect their Chief Executive for the State as well as for the Nation.
They could do; they will do it effectively.
There will be no confusion.
Instead of Governor appointing a MLA to the post of Chief Minister; let people do.
_______________________________________________________________________
That needs an amendement in the Constitution.
In the current setup, people go to the polling center; cast their vote; and elect their representatives to the Legislative Assembly and Parliament.
Now, just like the selection of Speaker and Deputy Speaker, let them choose the Chief Minister.
Even now, Governor does not remove anyone from the post of Chief Minister.
Only by Vote of No-Confidence, a Chief Minister or a Prime Minister could be removed from the office.
Let us follow the same procedure.
Let there be a Vote of Confidence on the floor of the Legislature; and elect the Chief Minister.
That is the ideal way for now.
People elect their representatives for the Legislature.
Let people's representatives elect the Chief Executive of the State or of the Nation.
Governor doesn't need to appoint the Chief Minister.
The Supreme Court of India shall recommend to the Speaker of the Legislative Assembly to conduct an election for the selection of the Chief Minister of the State. This shall be called as Vote of Confidence.
When the Chief Executive is not performing; then the Chief Executive shall be removed by Vote of No-Confidence.
No comments:
Post a Comment