Solicitor General Tushar Mehta, who appeared for the Secretary to the Governor, maintained that the order was "no setback" and it has to be respected and complied with.
The Supreme Court gave the best gift to the nation on the Constitution Day on Tuesday by ordering the floor test in the Maharashtra Assembly tomorrow, said the lawyers for the Shiv Sena-NCP-Congress combine which challenged the Governor’s decision allowing Devendra Fadnavis to form the government in the state. Solicitor General Tushar Mehta, who appeared for the Secretary to the Governor, maintained that the order was “no setback” and it has to be respected and complied with.
Upbeat over the order, senior advocate Abhishek Manu Singhvi, appearing for the NCP and the Congress, thanked the apex court for its order and said that the entire political episode was the lowest level of morality and constitutional values which has all happened due to BJP. “Today on Constitution Day, this is the best gift to the nation from the Supreme Court. We thank the apex court that the Saturday’s plea was heard immediately on Sunday, again on Monday and tomorrow by 5 pm the floor test has to be conducted,” Singhvi said.
It has never happened in India’s history that constitutional authorities, on the basis of a list in which no MLA had given support in writing, went on to “shamelessly” form government in Maharashtra, he said, adding that the BJP brought a black name for democracy. “This is a unique event in itself. It has neither happened in Karnataka, Goa, Manipur, Arunachal Pradesh or Uttarakhand. This is the lowest level of morality and constitutional values and all this has happened due to BJP. This is a black letter day for the BJP. We are very thankful to the Supreme Court that on Constitution day it has given gift to the nation of the precious constitutional values we have,” Singhvi said.
Advocate Devadutt Kamath, who had appeared for Congress in the case said that the other constitutional aspects of the case such as powers of the Governor will be done at a later date. “The court has said this case raises constitutional issues regarding the powers of the Governor and the manner in which this swearing in has happened, all these issues will subsequently go into a later date,” said Kamath.
Advocate Sunil Fernandes, appearing for NCP, also said there would be a substantial hearing by the apex court on whether the action of the Governor was constitutionally permissible or not. “The larger question, whether what the Governor did on Saturday, was it constitutionally permissible or not, are the larger issues that the court will examine at a later date. The respondents have been asked to file their replies and two, three months down the line, there will be a substantial hearing on this and the court will decide the future course of action,” said Fernandes.