The Hindu : Jethmalani asks President not to dissolve Lok Sabha

Online edition of India's National Newspaper
Tuesday, Feb 03, 2004

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Jethmalani asks President not to dissolve Lok Sabha

By Our Legal Correspondent

NEW DELHI, FEB. 2. The former Union Law Minister and Rajya Sabha member, Ram Jethmalani, has urged the President, A.P.J. Abdul Kalam, not to accept the recommendation of the Vajpayee Government to dissolve the Lok Sabha.

In a letter to the President last Saturday, Mr. Jethmalani, a noted lawyer, said that the "proposed dissolution of Parliament on the ground on which it is proposed to be founded is constitutionally invalid. It is even against the spirit of the Constitution and is certainly wholly repugnant to public good."

Under administrative law, every executive action was inspired by public good. "If this burden is not discharged then the action is constitutionally void. A decision prematurely to dissolve cannot, thus, be sustained on the sole ground that it will enhance the electoral prospects of the ruling party. Party good cannot be equated with public good." The latter alone could sustain the validity of any executive decision, he said.

The Prime Minister had calculated the timing of dissolving the Lok Sabha to be propitious for his return to power and "this is clearly unconstitutional."

"Unconstitutional advice is not binding on you under the relevant Article of the Constitution," Mr. Jethmalani said. "It is your right and duty to call the Government's explanation because so far none has been publicly offered."

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