Uddhav resigned as Chief Minister without taking a floor test, according to a five-judge bench led by Chief Justice DY Chandrachud, who stated that the court could not compel the restoration of the status quo ante. The court also declared that the former governor (Bhagat Singh Koshyari) erred in determining that Uddhav’s administration had lost the majority in the House.
Source: Daily Pioneer
The Maha Vikas Aghadi administration, which included the Shiv Sena, the Congress, and the NCP as allies, was toppled as a result of Uddhav’s departure, even though the BJP had won the 2019 Assembly elections with a majority of the vote. The court added that it could have restored Uddhav right now if he had not resigned. The fact remains that his resignation is irreversible.
The then-Governor’s position has come under intense scrutiny as a result of the judgement. The Governor was not justified in asking the CM to demonstrate the majority of the ruling coalition in the Assembly, the court said. The highest court observed during the petitions’ hearing in March of this year that the tendency of Governors turning into willing collaborators and overthrowing elected governments was exceedingly hazardous for democracy.
Source: Times Now
Two important lessons may be drawn from the convoluted saga: first, governors should refrain from overreaching that degrades the respectability and legitimacy of their constitutional position; and second, a governor cannot ask for a floor test based only on a difference of opinion among MLAs within a party.
The shoe would be on the other foot now if the then-incumbent had handled the problem impartially and politically. The Sena-BJP coalition has received a significant boost one and a half years before the Assembly elections as a result of the court upholding the legitimacy of the Shinde administration.
What do you think about this? Comment below.
