Gujarat election hearing on Sept. 2

A petition seeking imposition of President’s rule in Gujarat, currently being governed by BJP under caretaker Chief Minister Narendra Modi, has been filed in the Supreme Court. The case is scheduled to come up for hearing on September 2.

Petitioner Yogesh Shridhar has filed the petition through advocate Beena Madhavan. Yatin Oza is appearing as the senior counsel in the case. Respondents in the case are the Union government, the President of India, the government of Gujarat and the governor of Gujarat.

The petition challenges the grounds on which Modi has continued as the caretaker Chief Minister of the state. It contends that one cannot continue in the post of Chief Minister running a caretaker government considering that the house has been dissolved. Such a government is not accountable to the people through the house since the house no longer exists after dissolution, it states. The petition contends that the Indian Constitution does not provide for anything that is referred to as a "caretaker government."

The petition states what is applicable to the Centre is not applicable when it comes to state legislature in case the house is dissolved. While under Article 63 of the Indian Constitution, when President’s role comes into being, there is a counsel of ministers along with the Prime Minister to aid and advice the President.

And, the Prime Minister is asked to continue so that there is no constitutional breakdown. However, the same is not applicable to the state legislature after the assembly is dissolved. In this case, although the governor can ask the Chief Minister to continue, he has powers to seek help of the President.

Republished from The Asian Age