Goa crisis: Mixed reaction for Governor's action Wednesday, February 2 2005 22:54 Hrs (IST) - World Time -
New Delhi:
The fast-paced action of Goa Governor, S C Jamir dismissing the BJP (Bharatiya Janata Party) Government drew mixed response with some Constitutional experts terming this as a "completely illegal" act but some others justifying it.
Former Attorney General Soli J Sorabjee said, "If the procedure and the manner in which the vote on motion of confidence took place was not proper, the Governor should have insisted on following the correct procedure and could have asked the Chief Minister to prove his majority in the House under that procedure.
"Dismissal of an elected Government in this manner is prima facie patently illegal," he told reporters.
Former Solicitor General Harish Salve termed the action of the Governor as "completely illegal" and said, "from what appears from the news reports, the action of the Governor appears to be high-handed. Some day the Supreme Court will examine the legality of the partisan action of the Governor."
While BJP leader and former Law Minister Arun Jaitley termed this as an action of a "partisan Governor for partisan purposes", Congress leader and senior advocate A M Singhvi justified the Governor's action by saying that "to save democracy there was no other option with the Governor but to dismiss Manohar Parrikar Government."
Former law Minister Shanti Bhushan justified the action of the Goa Governor saying that Article 164 of the Constitution provided the procedure for the dismissal of the State Government.
"The Governor's decision appears to be right as the Speaker was acting totally in a partisan manner in throwing out an independent MLA from the House," he added.