Ram Jethmalani has moved the Supreme court against Karnataka governor's decision


It happened in Pakistan and Africa. The first time was in 2007 and the second was in 2008. If he looks into history, he will find some outrageous instances of mockery of the Constitution. "Prime Minister Modi is misusing his office".

During Indira Gandhi's reign at the Centre in 1982, Haryana Governor GD Tapase set a new low in terms of constitutional impropriety.

Senior Congress leader Ashok Gehlot along with several leaders held a protest outside Vidhana Soudha in Bengaluru against the swearing-in ceremony of BS Yeddyurappa as the Chief Minister of Karnataka. Bhajan Lal was sworn in without following any protocol, an act by the Governor which angered Devi Lal so much that he couldn't restrain himself from manhandling Tapase.

It seems that Jethmalani is not in support of the opposition parties, but has objections with the governor's decision, which he deems as being unconstitutional.

State Congress chiefs have been asked to address press conferences and give memorandums to respective Governors to urge President Ram Nath Kovind to "safeguard democratic principles and the sanctity of the Constitution".

The Congress-JDS alliance has filed the application apprehending the possibility that Yeddyurappa's BJP may attempt to influence the Governor of Karnataka to nominate an Anglo-Indian MLA in a bid to increase their strength in the State Assembly. Although Nadendla Bhaskara Rao was sworn in as the chief minister, a resilient NTR forced Indira to reverse her decision and allow the reinstatement of the Telugu Desam Party leader at the helm. It is also well established in law that constitutional conventions are just as binding on the governor as the legal provisions enshrined in the Constitution.

The same month, the Congress in Karnataka whisked away nine independent MLAs to Mumbai, who were expected to back a Congress nominee in the Rajya Sabha polls.

Therefore, it has been prayed that Yeddyurappa be restrained from nominating or recommending any member of the Anglo-Indian community prior to the floor test. Kalyan Singh won that composite floor test and became the chief minister again.

Similar examples existed during the Manmohan Singh-led government, which was effectively controlled by Sonia Gandhi. The BJP is in power in 22 states. In both the cases, the Supreme Court severely indicted the governor's role. I am extremely grateful that three judges of the Supreme Court are sitting in the court at 2 AM to hear the matter. The first one was to prevent the hanging of terrorist Yakub Memon on 30 July, 2015.

"In a case like this where the opposite side is showing 117 MLAs support, how you will have 112", Justice Sikri asked, adjourning the hearing till Friday morning.

The bench headed by Justice AK Sikri, while seeking Yeddyurappa's response on the petition by Congress and Janata Dal-Secular (JD-S) seeking to stall his swearing-in, has directed further hearing of the matter at 10.30 a.m. on Friday.