Singhvi : I would like to quotes Griffith & Ryle from the Kihoto judgement “In a pretense of camouflage of trust vote, it is indeed a betrayal of the trust of the people”
If 10 per cent of the MLA’s who reflect the composite vote for the entire assembly are missing in a non properly constituted house and yet a floor test is held, does it reflect the “Will of the People”?, asks Singhvi.
Singhvi points out that assemblies of many states such as Kerala, Rajasthan, Chhattisgarh and Odisha suspended in view of #COVID19. Even Parliament is considering to adjourn , he says.
So, can the MP Speaker's decision to adjourn house be called perverse, he asks.
“Unfortunately, you do not get to decide the nature/flow of arguments” Singhvi says in reply to SG's remark.
Singhvi is now reading out Article 212 of the Constitution.
“I have to protect 212 as 212 protects me”, says Singhvi
He now refers to a judgement with the citation 1961 (1) SCR 96.
At this juncture, Solicitor General Tushar Mehta says that this looks like an outright waste if time to perpetuate further delay.
“He had said one hour yesterday”, says the SG
A no-confidence motion has a very important participatory element to it. People speaking has a very important role, which is being outrightly obviated here : Singhvi
Justice Chandrachud states that it shall be wrong to say that the Governor has no power at all to call for a trust vote.
SG rises : Assembly cannot sleep, the session is always running.
Singhvi and other lawyers together - "disagree with this submission of the SG".
At this juncture, Singhvi further adds - “How can the Governor decide on the majority of a house? What is the house for?”
Singhvi now reading out Governors letter to the speaker dated 14th march.
“22 MLA’s have given their resignation, have received letter and seen on media - both print and otherwise. The Government has lost majority!”
He questions the language adopted in it, says that this only elucidates one thing - that the Governor has already made up his mind.