Supreme Court asks Centre to produce governor's letters inviting BJP to form govt, issues notices
New Delhi: The Supreme Court on Sunday asked Solicitor General Tushar Mehta to place before it on Monday morning the letters of Maharashtra Governor recommending revocation of President's rule in the state and inviting Devendra Fadnavis to form government.
In the special hearing on a holiday, the apex court also issued notices to the Centre, Maharashtra government on the petition filed by Shiv Sena-NCP-Congress combine against the Maharashtra Governor's decision to swear in Fadnavis as chief minister. A bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna also issued notice to Fadnavis and Dy chief minister Ajit Pawar.
The bench declined fervent request of Mehta seeking two days time to place Governor Bhagat Singh Koshyari's communication on record and asked him to produce letters by Monday at 10:30 am when the matter will be taken again.
Senior advocate Kapil Sibal and A M Singhvi, appearing for the combine, told the bench that floor test be conducted today itself so that it can be ascertained that Fadnavis enjoys majority in the house. They maintained that post-poll alliance of the three parties have the majority in the 288-member house.
While Sibal termed as 'bizarre' the Governor's decision to revoke President's rule and anoint Fadnavis as the chief minister, Singhvi said it is a "murder of democracy".
Senior advocate Mukul Rohatgi, appearing for two BJP MLAs and some independents, questioned the maintainability of the writ petition filed by the combine and said they should have approached the Bombay High Court.
At the outset, the Shiv Sena-NCP-Cong combine asserted that they have the majority in the Maharashtra Assembly and if Fadnavis has the numbers he should prove majority on floor of the House.
The combine also said that it was 'betrayal and annihilation' of democracy that government has been allowed to be formed when 41 NCP MLAs are not with the BJP.
"If Devendra Fadnavis has numbers to prove majority, let him prove it on the floor of House, else we have numbers to form government in Maharashtra," Sibal said.
Singhvi submitted that 41 MLAs of NCP are with Sharad Pawar. While 54 is the total strength of NCP, 41 MLAs wrote to the Maharashtra Governor saying Ajit Pawar has been removed as its leader, Singhvi told the bench.
Sibal said that November 30 deadline given by the Governor to the ruling party to prove majority is meant to do 'something else'.
"It is a complete 'betrayal and annihilation' of democracy where government has been allowed to be formed when 41 NCP MLAs are not with them," they submitted.
The top court said none is disputing that floor test is the best method to show majority. Rohatgi said how can a political party approach apex court under Article 32 for violation of Fundamental Rights.
"They (three parties) were given time but they did not form government, so let Fadnavis prove majority as there was no tearing hurry, Rohatgi told the bench. Singhvi referred to judgements in various cases including dismissal of the Uttarakhand Cong govt, saying that floor test is ultimate test. He also referred to the 2018 apex court's order in Karnataka case and said floor test was ordered and there was no secret ballot.
"Floor test is Constitutional obligation, no formality is needed and it can be ordered," Singhvi told the bench.
Rohatgi further said that the Governor's decision to invite political party is not open to judicial review as it is his discretionary power.
"What governor did yesterday is immune from any judicial review, choice of party is with him," Rohatgi said. He said Floor test is ultimate and 2-3 days time should be given to prove majority.
Rohatgi submitted that even orders of Governor have not been filed and the plea filed by the combine is without any documents and annexures.
He also said that Governor or President has some discretion and immunity under Article 361 to choose a person who stakes claim and appoint him as the chief minister or the Prime Minister.
"Every party should be allowed some time to respond to plea and allow us to spend Sunday peacefully," Rohatgi said concluding arguments.
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Trump returns from China; terms meeting with Xi as 'G-2'
Washington (PTI): US President Donald Trump returned from a visit to China, describing his discussions with President Xi Jinping as a meeting of leaders of "two great countries".
Trump landed at the Joint Base Andrews in Maryland on the outskirts of the US capital on Friday evening, claiming to have struck important trade deals, including one for China's purchase of 200 aircraft from Boeing, with a promise for another 750, as well as agreements benefiting the American agriculture sector.
The US President reached here after a brief refuelling stop at Anchorage in Alaska.
“It’s the two great countries. I call it the G-2. This is the G-2. I think it’ll go down as a very important moment in history,” Trump told Fox News in an interview after meeting Xi on Thursday.
The Washington Post reported that Trump’s remarks put China on an equal footing with the US, exactly what Xi had aimed to achieve with the visit.
“Over two days of meetings here, the carefully choreographed pageantry and the reciprocal gestures of friendship and respect between the world’s two most powerful men displayed a geopolitical dynamic that the Chinese have long craved and Americans had resisted," the Post said.
Trump told Fox News that the relationship with Xi was important and suggested that China may not resort to any aggressive moves over Taiwan, at least till he is in office.
“It’s not a takeover. They just don’t want to see this place — we’ll call it a place because nobody knows how to define it — but they don’t want to see it go independent,” Trump said.
“I don’t think they’ll do anything when I’m here. When I’m not here. I think they might, to be honest with you,” Trump said.
"I want them to cool down. I want China to cool down," he said.
"We're not looking to have wars, and if you kept it the way it is, I think China's going to be OK with that," he added.
The US President said he had invited Xi for a visit to Washington in September.
“Xi has done something Chinese leaders have been working toward for decades — bringing an American president to Beijing as an undisputed peer,” said Julian Gewirtz, who served as China director on the National Security Council under President Joe Biden.
“Xi used the opulent optics of the visit to make clear to the world that China and the United States are the two dominant, equally matched superpowers. There is no going back.”
Trump’s friendly statements toward Xi and the Chinese people were being amplified in China’s state-controlled media, sending the message that “we’re getting along better with the Americans,” John Delury, a senior Fellow at the Asia Society, was quoted as saying by The New York Times.
It was understandable that Trump wanted to be polite to Xi, but that the American president’s gushing approach “weakens Trump and the US”, R. Nicholas Burns, the ambassador to China during the Biden administration, was quoted as saying in The New York Times.
“Xi did not hesitate to warn Trump over Taiwan. Trump should not hesitate to be frank about our concerns, too,” he said.
Trump and Xi are expected to meet at least three times this year.
The US President has invited Xi to the White House in September.
Trump may travel to Shenzhen in China for the Asia-Pacific Economic Cooperation meeting in November. And Xi could come to the G-20 summit in December in Miami.
“This is a summit again that was heavier on symbolism than it was on substance — focus on managing problems, not on solving the problems that exist between the US and China,” said Rush Doshi, former National Security Council deputy senior director for China and Taiwan in the Biden administration.
“The way that both leaders talked about the future indicates that this is going to be part of a process that will play out this year,” said Kurt Campbell, former deputy secretary of State in the Biden administration.
