Sup Ct Advisory on Governors Not Well Thought-out, Will Add Confusion Rather Than Resolve Problems

Sup Ct advisory on Governors not well thought-out & will add to confusion rather than resolve problems: Justice Madan Lokur & Dushyant Dave, to Karan Thapar for The Wire. .......................................... Both Justice Madan Lokur, one of the most highly regarded former judges of the Supreme Court, and Dushyant Dave, a well-known lawyer with a formidable reputation and a former President of the Supreme Court Bar Association, have strongly criticized the Supreme Court’s advisory opinion given in response to the presidential reference on how Governors and the President should handle legislation. Both believe that the advisory opinion is not well-thought through and will add to the confusion. Both gentlemen also believe that if Governors start taking interminable time to pass legislation it will place India’s federalism in danger. Both men also believe that the Supreme Court should not have entertained the presidential reference seeking an advisory opinion. Justice Lokur said the Supreme Court’s advice is “not well-thought out (and) could add to the confusion rather than sort out any problems … it is confusing and messy. And really what should be done? One doesn’t know. Should the Governor say listen I'm bound by the directions given by the two judges and I have to take a decision within three months? Or can a Governor say listen I'm not bound by the judgement of the Supreme Court? That will create a constitutional crisis." Dushyant Dave said: “Well, in my opinion, the Supreme Cout has missed the bus. Two things are important. First, that Supreme Court has not correctly interpreted the constitution in so far as the status and role of the Governor is concerned. The Supreme Court has grossly misunderstood the power of the people, namely the parliamentary democracy and the cabinet system of governance. And, of course, the Supreme Court has, you know, misunderstood I would say, lessened its own status, by saying that it has no power to issue directions to the President and the Governor. So on all three counts I would say that the Supreme Court has really given a judgement or rather an opinion, it's not a judgement but an opinion, which falls, you know, far short of the expectations that one had from the Supreme Court.” I will stop there. These are two interviews that you should see for yourself if you want to understand how some of the most distinguished legal luminaries view the Supreme Court's advisory opinion and the situation it’s likely to create. Both men address the constitutional concerns that will arise as well as the political problems that could be created. Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month.    / @thewirenews