The Hindu : SC to fix schedule for hearing of reference on Aug. 29

Online edition of India's National Newspaper
Tuesday, Aug 27, 2002

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SC to fix schedule for hearing of reference on Aug. 29

By J. Venkatesan

NEW DELHI Aug. 26. The Supreme Court, today while issuing notice to the Election Commission, all States and six national political parties for their response to the three-point reference from the President, A.P.J. Abdul Kalam, relating to the stand-off between the Centre and the Commission on the issue of early elections in Gujarat, indicated that it would fix a timeframe on August 29 for hearing of the reference.

A five-Judge Constitution Bench, headed by the Chief Justice B.N. Kirpal, directed that the notices shall be issued through the Chief Secretaries and Advocates General of all States.

When the Solicitor General, Harish Salve, told the Court that under Article 174 the Gujarat Assembly had to be reconstituted by October 2, the Bench observed "You don't worry about that for the time being. We will work out a time schedule on Thursday for hearing of the reference.''

(Sources in the Congress said the time given to the States was inadequate and it would request the Court to grant further time for filing the response).

The Bench, however, rejected the demand for issuing notice to regional political parties (after it was informed that there were 48 such parties in the country) on the ground that it would be difficult to control the proceedings.

The six national parties to whom notices were issued were: the Congress, BJP, CPI, CPI (M), Nationalist Congress Party and the BSP. Except the BSP, counsel for the other parties accepted the notice.

The three questions referred by the President in this reference were: Does Article 174 of the Constitution yield to Article 324, viz. whether the timeframe provided in Article 174 would be subject to the decision of the Election Commission under Article 324 to hold Assembly elections;

Can the Election Commission frame a schedule for elections to an Assembly on the premise that any infraction of the mandate under Article 174 would be remedied by resorting to Article 356 by the President;

Is the Election Commission bound by the mandate of Article 174 by drawing upon all the requisite resources of the Union and the State to ensure free and fair elections.

Under Article 174, there should not be a gap of more than six months between two sessions of a State Assembly. And it is the argument of the BJP that as the last session of the Gujarat Assembly was held on April 3, the next session should be held before October 3 and the Election Commission must hold Assembly elections before that date.

Also according to the Government, the Commission's observation that "the non-observance of the provisions of Article 174(1)...would mean that the Government of the State cannot be carried on in accordance with the provisions of the Constitution within the meaning of Article 356 (1) of the Constitution and the President would then step in'', was the most objectionable part of the 40-page order.

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