Karnataka effect: RJD, Congress stake claim for governments in Bihar, Goa
Panaji/Patna, May 17: The Congress in Goa and the RJD in Bihar on Thursday said they would ask the governors of their states to give them a chance to form the government the same way that BJP leader B.S. Yeddyurappa was sworn-in in Karnataka as the leader of the single largest party.
"If the Karnataka Governor can invite the Bharatiya Janata Party, the single largest party, to form the government, why can't the Goa Governor invite the Congress, the single largest party in Goa, to form the government here? Why two criteria for two states? Why double standards? Congress state President Girish Chodankar told reporters.
Chodankar demanded that Governor Mridula Sinha should follow in the footsteps of her Karnataka counterpart Vajubhai Vala and invite the Congress, which emerged as the single largest party in the Assembly after the 2017 Assembly elections, to form the government in the coastal state.
"We request Her Excellency to follow big brother Karnataka Governor and invite the Congress to form the Goa government to rectify a wrong."
The BJP won 13 seats in the 2017 Assembly elections, compared with 17 of the Congress.
However, after swift political maneuvering, the BJP staked claim to power with two regional parties and independent MLAs and formed a coalition government after getting the nod from Sinha.
RJD leader Tejashwi Yadav too wanted Bihar Governor Satyapal Malik to invite his party to form the government as the leader of the single largest party in the state Assembly.
"I will meet the Governor along with our MLAs on Friday as we are the single largest party in Bihar," Tejashwi Yadav, who is also the Opposition leader in the Bihar Assembly, said.
The Rashtriya Janata Dal (RJD) leader said that if the Bharatiya Janata Party was invited by the Karnataka Governor to form the government on the grounds that it was the single largest party, then the RJD also had the right to form the government.
"We will request the Bihar Governor to dismiss the state government and invite the RJD to form the government," he said.
In Karnataka, BJP's B.S. Yeddyurappa was sworn in as Chief MInister by Governor Vala, despite protests from the Congress and Janata Dal-Secular, which formed a post-poll coalition to bid for power.
The combine of the Congress and the JD-S too had staked its claim to forming a government by citing the support of 117 MLAs. The majority mark in the Karnataka assembly is 112 seats. The BJP has 104.
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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.
