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Cabinet to seek SC's opinion on Gujarat poll

At an extraordinary meeting attended by Solicitor General Harish Salve and Additional Solicitor General Kirit Rawal as special invitees, the Cabinet decided to make the presidential reference under Article 143 since the commission's order raises "far-reaching constitutional questions" and "contradictions", Information and Broadcasting Minister Sushma Swaraj told a press conference.

Contesting the commission's stand that it was not in a position to conduct an election in Gujarat before October 6, when the constitutionally mandated six-month gap between two sittings of an assembly expires, and hence a spell of President's rule would become necessary, she said the Cabinet felt this raised a question of "far-reaching consequences and issue of public importance". Also, it felt the stand was contradictory.

The reference is being drafted in the light of the "elaborate" discussion in the Cabinet and will be sent to the President on Monday, she said. The time frame for the Supreme Court to give its opinion will be guided by the urgency of the situation, the expiry of the six-month gap on October 6.

At the Cabinet meeting, there was a strong demand from several ministers to challenge the Election Commission's ruling in the Supreme Court, but it was vetoed by Prime Minister Atal Bihari Vajpayee, who pleaded for a "restrained and dignified" approach rather than a confrontationist one.

The Cabinet's decision immediately came under fire from opposition parties, including the Congress and the Left, which said it displayed contempt for the Election Commission and undermined the prestige of a constitutional body.

The Bharatiya Janata Party, on the other hand, welcomed it, saying it was the only option left to clear the "constitutional confusion" created by the commission's order.

Swaraj said the breakdown of the constitutional machinery was a pre-requisite for the imposition of President's rule and the commission's stand that Article 174(1) (which specifies the six-month upper limit for the gap between two assembly sittings) was mandatory, but should yield to Article 356 (central rule) was contradictory and would lead to a constitutional crisis if Parliament failed to ratify it.

PTI

Gujarat Elections 2002: The complete coverage

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