Thread by @utkarsh_aanand

#SupremeCourt hearing in #MadhyaPradeshPoliticalCrisis begins with AM Singhvi resuming his arguments on behalf of the Speaker.

Singhvi says neither the petitioners nor even this court has the authority to short-circuit the discretion of the Speaker and have a floor test.

#MadhyaPradeshPoliticalCrisis

Justice Chandrachud asks Singhvi whether the Speaker is willing to decide when the court appoints an observer & have meeting of the rebel MLAs through video-conferencing.

Singhvi says no.

#MadhyaPradeshPoliticalCrisis

Chandrachud J: "You can't say I will buck my duty to decide and will also put the blame on others. We can create conditions to ensure exercise of their volition is truly voluntary."

#MadhyaPradeshPoliticalCrisis

Chandrachud J: "And this is now a national problem. It is happening everywhere.

We may not give a direction to the Speaker since we need to work within the domain of the Constitution but we also have to test your bona-fide."

#MadhyaPradeshPoliticalCrisis

Hemant Gupta J: If you say a MLA must be in his constituency, then Digvijay Singh isn't also doing that thing. He should also be in his constituency and not in Bengaluru.

Singhvi: Digvijay Singh isn't relevant in my example.

#MadhyaPradeshPoliticalCrisis

Sr adv Maninder Singh for rebel MLAs say he is willing to accept the suggestion of the court and Demolish the bogey of captivity.

He adds 16 rebel MLAs won't come to the assembly for the floor test despite the whip.

#MadhyaPradeshPoliticalCrisis

Weeks are gold mines for horse trading. It is why the court has been proactive in ordering the floor tests. The idea is to force the hands and make sure the floor test happens as soon as possible and prevent such things: Chandrachud J

#MadhyaPradeshPoliticalCrisis

Chandrachud J: You got 22 resignation, accepted 6. What was the inquiry made by the Speaker about the rest?

Singhvi: They are not letting this process complete... Besides this this court has never ordered a floor test in a running assembly.

#MadhyaPradeshPoliticalCrisis

Singhvi reads out MP House rules, in Hindi, asks judges whether they have any problem.

Chandrachud J : Not at all. It is a beautiful language.

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Chandrachud J: Our order in the #Karnataka case said the court won't interfere WITH Speaker's powers to decide within a particular time limit. But significantly, in this case, the trust vote was to take place a day later. And the court didn't defer the trust vote on this ground.

Singhvi: But the trust vote did not take place the next day.

Chandrachud J : It isn't relevant what actually happened the next day.
The fact that there is a pendency before the Speaker can't scuttle the house in taking up the floor test.

#MadhyaPradeshPoliticalCrisis

Chandrachud J: The constitutional principle that emerges is there is no restraint on the no trust vote because an issue of resignation or disqualification is pending before the Speaker.

Therefore, we will have to flip around and see whether the Governor acted beyond his powers.

"Another question is if the Speaker doesn't accept the advise of the Governor, what should the Governor do. One option is that the Governor can give his report to the Centre," adds the judge.

#MPGovtCrisis

Singhvi: Question is whether I can decide on the basis of such kind of papers before me (by the MLAs)

Hemant Gupta J : But you will have to decide based on these appears only because they are the lens available with you. And these are the papers before the court too.

Singhvi cites vakalatnamas & affidavits by the rebel MLAs to point out deficiencies & discrepancies.

Chandrachud J: You may be right that some of them might have been made without application of mind. We've all practised.. This can't necessarily be about coercion.

One thing is very clear that they are all acting in concert. It could be a political block.. We can't infer anything: Chandrachud J

Gupta J: So a MP or a MLA can't have an ideology or freedom of thought. They are all governed by a whip..

#MadhyaPradeshPoliticalCrisis

Chandrachud J : Is this your submission that a floor test can take place in a running assembly only when a no confidence motion is moved

Singhvi: Yes.. And the only other way is when a money bill fails, as a matter of convention.

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"Another question that we have is whether a court will interfere in such a case or will the Governor have to work out his own remedies in accordance with the Constitution?" Chandrachud asks Singhvi.

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Chandrachud J: What happens when the assembly is prorogued and a government loses its majority? Cannot the Governor then call the assembly? Since not allowing this would mean a government in minority to continue.

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Singhvi: At the highest, Governor can summon a House and then the master of the House, Speaker, takes over. A Governor can't dictate the business to the House. House will decide itself.

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Hemant Gupta J : If the government is in minority, doesn't the Governor have any power to say take the trust vote?

Singhvi: No, he can't. His powers are onto about summoning the house.

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Summoning, proroguing and dissolving - these are the only three powers with the Governor : Singhvi

Where is the power for his to decide take a trust vote on a particular day, in a particular period?

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Chandrachud J: We understand Governments can’t have carte blanche to destabilise elected governments but at the same time, Constitution also recognised some modicum of authority to call for a trust vote.

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It is a test case on if any Governor will have the power to destabilise any government. My Lords will be opening the flood gates, making it unmanageable: Singhvi tells the #SupremeCourt in the #MPGovtCrisis case.

SG objects to Singhvi arguing about Article 212.

He can very well l waste 45 minutes but this isn't the issue here at all. We are all working under constrained circumstances and he should avoid making unnecessary arguments.

Raj, MP, Chhatisgarh, Odisha, Kerala and Maharashtra state assemblies have been suspended because of Corona. This court needs to only see if this decision of the Speaker is perverse. Even the Parliament is considering to stall its proceedings : Singhvi

If 10 per cent of the MLA’s who reflect theat composite vote for the entire assembly are missing in a non properly constituted house and yet a floor test is held, does it reflect the 'Will of the People' ? asks Singhvi

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“At the base you may call it a floor test, but are you not infringing 192 and violating all ethos of the Constitution?" Singhvi Concludes. Lunch break till 2.

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Kapil Sibal commences: "This case is unique in two ways. Nobody has claimed he has the majority. And it is the first case in India where the Governor is asking for a floor test."

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This court will encourage demolition of the constitutional structure if it interprets the law in a manner they want, argues Sibal, on behalf of Kamal Nath.

I presume they are free men. So what prevents them from coming to the House and voting against us?

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Sibal claims there is no precedent about a floor test ordered by the SC in a running assembly.

Cases of Goa, Karnataka, Maharashtra were all of formation of a new government.

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Sibal cites how MLAs were whisked away to ITC, Manesar.

"I am not on the truth of all this but want to point out if this court were to pronounce the law they want to, such practises will be repeated in all assemblies."

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As Sibal talks about rebel MLAs being flown away in a chartered flights, Chandrachud J says: Perhaps they want to associate with the BJP. They all are travelling together etc. But everybody seems to be doing it.. Chartered flights etc. We keep reading this in the newspapers.

"How do we draw a line? Before any murkier it gets, won't it be better to test the majority on the floor of the house?" adds Justice Chandrachud.

#MPGovtCrisis

Chandrachud J: The claim can be that I am in a position to form a government..but the issue here is that if a government has lost the majority.

Sibal: It is a manufactured minority and the Governor can't decide this.

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Chandrachud J : Unfortunately, can we decide constitutional issues based on these arguments (of chartered flights, high security zone, no frisking etc).

All this could be sad reflection on the state of polity but is this unique to them?

#MPGovtCrisis

Chandrachud J: It is about political expediency everywhere. The Speaker accepts resignation of 6 MLAs since the idea would have been to accommodate others. At that time, there was no question of inquiry etc. But for the other 16, Speaker says he doesn't know when he can decide.

Sibal: Where is the material for the Governor to say this government has lost the majority? Is the Governor a partisan constitutional functionary? Shouldn't he apply his mind? Shouldn't he collect information and take into account all the facts and circumstances?

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Sibal emphasises the Governor had no material before him to opine the government has lost its majority. Governor has a right to call a special session when the house is prorogued but can't direct for a floor test when it is in session.

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"What's the problem in moving a no confidence motion? Defeat me on the floor of the house but why use the office of the Governor?" Sibal

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If the power of the Governor to summon the house is equated with power to interfere in the proceedings of the house, it will bring constitutional anarchy: Sibal says in conclusion.

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As Sr adv Vivek Tankha now seeks to argue on behalf of the state, Rohatgi objects.

Rohatgi: What's the state got to do with this case? It is either the Congress or the Speaker?

Tankha: Then what's the Governor for to do with it?

SG Mehta: Governor's order is under challenge

Now Sr adv HP Raval appears for Principal Secretary to the Vidhan Sabha.

Raval: I'm appearing for R3

Rohatgi: Who is R3?

Raval: If they have made me a party, they should better know who I am.

Mehta: Now this is like testing the patience of the court.

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Rohatgi begins on behalf of @ChouhanShivraj and 9 other MLAs.

Chandrachud J: The short question is why don't you move a no confidence motion?

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Rohatgi: All the cases relied upon by the other side is when the Governor didn't act. Here, we are in a better position.

Their arguments is based on a concept of running assembly. Bommai is the best case of a running assembly.

They argue as if something new is to be laid down.

Chandrachud J : Can the Governor set the agenda of the house?

Rohatgi: Supreme Court has set the agenda of a house in many of its judgments.

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Chandrachud J: Can the Governor assume they have resigned and direct for a floor test? Is it within the power of a Governor to act on the basis of this presumption?

Singhvi says Speaker will decide on 2 weeks.

Rohatgi: What was midnight hearing about then?

Rohatgi: They say we took these MLAs in a chartered plane. What did they do? They took their own people to Rajasthan in a chartered plane and Mr Sibal was talking so eloquently about this and that.

#MPGovtCrisis

If I (Shivraj Singh Chouhan) was travelling with them so what? People leave one side, join another side. It happens every time. What's the hue and cry about it? Is it happening for the first time? They cite chartered plane as if these MLAs had never seen them before: Rohatgi

Rohatgi: Governor or no Governor, I now request this court to order a floor test. Clearly, they don't have the majority. Let this be proved on the floor of the house.

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Rohatgi: Powers of a Governor isn't subject to whether the house is in session or not.

We didn't move no confidence since voting is preceded by a discussion and it can take two weeks.

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Everyday is important.. invitation to horse-trading. Every minute that this (Kamal nath’s) government is there, it is unconstitutional. Have you heard of a CM making 3 new districts when the matter is pending before this court? All kinds of appointments are being made: Rohatgi

Rohatgi: Digvijay Singh filed a writ in the High Court yesterday asking for the same relief of access to these 16 MLAs. And they don't disclose it before this court. And this petition also talks about these MLAs writing to the DGP, Karnataka that they don't want to meet him.

Isn't that another manifestation to express that they are there out of free will? At how many forum & before how many people will they say they are free and don't want to meet anyone from them? And the High Court also refused the relief in the petition: Rohatgi

#MPGovtCrisis

"Not just this. Brother of a MLA filed an application in this matter, complaining he isn't being allowed to meet him. But he concealed the fact that his matter was heard by another bench of this court y'day and the petition was withdrawn with liberty to go to the High Court."

Rohatgi: They say disqualification petitions are pending but they don't tell this court that it is not true. All these disqualification petitions were about 6 other MLAs whose resignation have already been accepted. So where's the question of disqualification?

Sibal:, Who is he arguing for? Isn't he for #BJP MLAs? Not for the other 16 MLAs

Rohatgi: Just like you, we are also together in it. And unlike you, we ate making no bones about it.

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Rohatgi: #Corona didn't come when the Governor came, till 12 PM. It came only after he went away... Only to avoid the floor test.

This is all a bogey...a devise to say we should get maximum time to indulge in horse trading.

#MPGovtCrisis

Rohatgi: Pass an order of a floor test and let the result be placed before this court.

All these things about constitutional principle are coming forth by a party that has been indulging in these for yrs.

Sau choohe kha ke, Billi haj ko chali

Governor too ask for an immediate floor test.

SG Mehta:Parliament is working, Supreme Court is working but the assembly was adjourned citing #Corona. Why couldn't they spare 15 min? And then they go on appointing people in commissions etc while the matter is pending here.

Mehta: Democracy isn't in sitting over the resignations, asking for 2 weeks, rejecting suggestion to meet them in the manner this court suggested. This is not personal. This is only a step to make sure the members don’t disappoint the people who voted for them.

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Tushar Mehta requests the #SupremeCourt to pass an interim order today itself. "Any delay will be against the interest of the democracy," he adds.

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Maninder Singh for rebel MLAs: Resignations of 6 ministers accepted. Resignations of 16 not. Both did not appear before Speaker. The decision for not accepting resignation of 16 is they did not appear before Speaker. But the 6 also did not appear. So what is the difference?

Singhvi rebuts, says what the Governor is doing now is worse than exercising powers under Article 356.

Judges to take a break for 10 minutes and then inform the lawyers about a tentative timeline.

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The bench hasn't clarified whether the time line is about the floor test or a time line only for giving the judgement. So no clarity on the floor test yet..

#MPGovtCrisis

Bench to assemble at 5.50 PM. An order likely on the floor test..

#MPGovtCrisis