A day after Uttarakhand High Court observed that the President's ruling is not above judicial review, the Bharatiya Janata Party (BJP) has taken on the judiciary. BJP's Uttarakhand in charge Shyam Jaju on Thursday said the judiciary should be careful in passing comments on the President and also asked judges to “stay within their limits".
"There are many occasions in political life where we disagree with the judiciary. Judiciary should be very careful while passing a comment on President and even on the action taken by him. President is custodian of the Constitution. One should stay within limits while passing comments on the President," he said.
Explaining about the steps the party intends to take, Jaju said that the BJP will try to stake claim to form government in Uttarakhand. "We have the numbers and if possible we will make the government there. We have majority support," he said.
Earlier on Thursday, the HC had come down heavily on the Centre seeking an assurance that President's rule will not be revoked in a week. "Why don't you get a definite instruction that you won't revoke for a week? Tomorrow if you revoke President's rule and invite somebody it will be a travesty of justice. Is the government a private party?" the court asked the Centre.
The Centre, however, argued that it can't give an undertaking that it will not revoke President's rule in the days to come. The earlier undertaking to the court was only till April 18.
On Wednesday too, the HC had observed that there is no such decision like that of the king which can't be subject to judicial review. "Even President can go wrong, everything is subject to judicial review. You should rejoice at the evolution we have had. We are not doubting wisdom of the President but everything is subject to judicial review. However high you may be, law is above you," the HC said.
The HC while hearing pleas on the imposition of President's rule in the state, had also observed that the Centre had taken away the powers of an elected government and introduced "chaos". It had also said that floor test "cannot be deprived of its sanctity".
The BJP can prove majority even without the nine Congress rebel MLAs as it believes that three independent MLAs will back them. BJP leaders are likely to meet Uttarakhand Governor KK Paul soon.
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