Congress Goes To Chief Justice After Karnataka Governor Invites BJP To Form Government
NEW DELHI, May 16: Minutes after Karnataka Governor Vajubhai Vala invited BJP's BS Yeddyurappa to form the government on Wednesday evening, the Congress rushed to Chief Justice of Dipak Misra to ask him to cancel the governor's invitation to the BJP. The Congress, which has called the governor's decision an "encounter of the Constitution", has asked Chief Justice Misra to hold the hearing later in the night to ensure that Mr Yeddyurappa isn't sworn-in tomorrow.
Senior Congress leader Abhishek Singhvi had drawn up the petition in case the governor did invite Mr Yeddyurappa, the leader of the single largest party who did not have the majority and overlooked the claims of the Congress-Janata Dal Secular alliance which had the numbers.
Karnataka Governor invited BJP's BS Yeddyurappa to form government and gave him 15 days to prove majority on the floor of the house this evening.
The BJP has 105 lawmakers, including an Independent, in the 222-seat assembly, but is seven short of majority.
The Congress, which got 78 seats, has partnered with the Janata Dal Secular and together they have 116 seats, four more than the halfway mark. The Congress says it is them who should have been invited to form the party first.
Addressing the media, Congress spokesperson Randeep Surjewala said, "The governor has shamed his office."
"Amit Shah and BJP today sanctioned an encounter of the constitution and the law. Governor has subjugated the law and shamed the office of governor and I don't think such a person has the right to continue," Mr Surjewala added.
JDS leader HD Kumarasway said, "By giving 15 days time (to prove majority), governor is encouraging horse-trading by BJP leaders, this is unconstitutional. We will discuss the future plan."
Courtesy:NDTV
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
