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This is an archive article published on September 28, 2005

Speak in sync, SC tells SG, ASG

The conflicting stands of the Additional Solicitor-General and the Solicitor-General on the powers of the Governor came in for criticism tod...

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The conflicting stands of the Additional Solicitor-General and the Solicitor-General on the powers of the Governor came in for criticism today from the Supreme Court. The court advised them to discuss the matter and ‘‘speak in one voice’’.

The occasion was the hearing of petitions challenging Bihar Governor Buta Singh’s recommendation to dissolve the Assembly. The matter was being heard by a five-judge Constitution Bench of Justice Y K Sabharwal, Arijit Pasayat, K G Balkrishnan, Ashok Bhan and B N Agrawal.

Quizzing Additional Solicitor-General Gopal Subramanium, Justice Pasayat asked whether ‘‘the Governor can prevent a party or group from staking claim to form government if a majority was cobbled by illegal means’’. ‘‘Yes’’ came the ASG’s answer. The Governor, he said, was well within his rights to do so.

Justice Sabharwal pointed out that Solicitor-General G E Vahanvati, speaking on the matter a week ago, had taken a contradictory view. Vahanvati, he recalled, had said that ‘‘in case a majority was put before the Governor, he would be left with no option but to allow them to form government”.

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