Governor should wait for SC order on Sasikala: PC

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Press Trust of India New Delhi
Last Updated : Feb 09 2017 | 7:42 PM IST
There is no constitutional obligation on the part of the Governor to swear in AIADMK chief Sasikala as Chief Minister immediately as he can wait for the Supreme Court verdict in the disproportionate assets against her, senior Congress leader P Chidambaram said today.
"According to me he has a very narrow window of discretion, a very narrow window, because these dates had been proposed earlier. Therefore he has to now decide whether he should swear her in before the date of the judgement or he should wait for the date of the judgement.
"That is the correct thing to do because the judgement is around the corner according to the judge. So you have a small window, I am not saying a very large window, very small window of discretion. You could say very well, I have taken notice of your election as leader. Please wait for a few days," the senior Supreme Court lawyer told PTI.
Chidamabaram was referring to the indication given by a Supreme Court bench this week when it said that it will give its verdict next weeki in a disproportionate assets case in which the Karnataka government has challenged her acquittal by the High Court.
"AIADMK has every right to elect its leader. People of Tamil Nadu have every right to ask whether the leader you have elected--he or she--is fit to be chief minister.
"That is the question the Governor should ask. And if they insist that she is indeed fit to be the chief minister, I think he should say very well I have taken your views on board. Let me look at the Constitutional position and the ethical position and then come to a conclusion. There is no obligation for the Governor should take a decision instantaneously at 5 o'clock," he said.
Chidambaram said it was the Constitutional duty of the Governor to swear her in unless that leader is now disqualified to be sworn in.
"But there is a very narrow window that is what makes the Constitution a living document. A Constitution is not a document that is carved in stone. And it is constantly interpreted.
"Whoever thought in 1951 that someone who has got a disproportionate assets and corruption case in Supreme Court will be elected leader to become Chief Minister of Tamil Nadu. Would you have imagined this in 1950. We are already in Thursday. What is the difficulty in waiting," he said.

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First Published: Feb 09 2017 | 7:42 PM IST

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