'Anguish over non-implementation of Sarkaria report' Wednesday, September 28 2005 20:24 Hrs (IST) - World Time -
New Delhi:
The Supreme Court today (Sept 28, 2005) expressed anguish over non-implementation of Sarkaria Commission report on appointment of Governors by successive Central Governments saying had it been done, litigation on dissolution of the Bihar Assembly, which consumed precious time of the Apex Court, would not have taken place.
"This litigation could have been avoided if suggestions made by the Commission or the Committees were implemented irrespective of the Government at the Center at different
times," said a Constitution Bench headed by Justice Y K Sabharwal hearing the bunch of petitions on Bihar Governor Buta Singh's role on dissolution of the State Assembly.
"Our anguish is that no Government made efforts to implement these reports and recommendations," the five-judge Bench, which also comprising of Justice K G Balakrishnan, Justice B N Agarwal, Justice Ashok Bhan and Justice Arijit Passayat, said after Additional Solicitor General Gopal Subramaniam placed before it the two volumes containing the recommendations and reports of various committees and
commissions on the issue.
Praising the work done by Sarkaria Commission, the Bench said, "Marathon work has been done but problem arise due to non-implementation. Government should consider them for putting in practice."
"This will help in achieving purity in governance," the Bench said referring to Centre's argument whereby it had said Bihar Governor's action was aimed at preserving the purity of the democratic process.
"For the last two days, you (Center) have been talking about purity in political process. Instead of arguing on idealism, this could have been achieved had the Government
acted on these reports," the Bench observed.