MP Floor Test Hearing [Day-2] Live-Updates From Supreme Court

Sibal: Why not beat me on the floor? Why go through the Governor?

Sibal now refers to Ramdas Athawale Vs. Union of India [2010 (4) SCC 1] and reads our relevant excerpt

Further, Sibal states - When the house is not in session, Governor has the power.

If Govt. has lost majority, there has to be a constitutional mandate to call the house. Where to go if the house is prorogued? However, never has this happened that the Governor has called for a floor test during a running session, “never”, Sibal asserts.

Sibal: The Court must always look at facts before the Governor. No such fact (of loss of majority) ever came to light. “How can it be? How can it be? From any standpoint of law?”

Sibal continues,

Your Lordships must understand that the floor test is a decision. No debate takes place. In a debate, i can convince people to come back ti me!

Senior Advocate Mukul Rohatgi rises, says that the other side has been arguing since morning and now its 3 pm, urges the bench for some time to argue himself.

Sibal says that he has the right and that hes never been one of those so as to while away precious time of this court.

Now, Sibal refers to the letter to the Home Minister, response of the speaker to the events in letter. Urges the court to ascertain the legal basis of their response thereto.

The bench, unconvinced, states that the Constitutional basis of anything does stand abrogated on the basis of Chartered flights taking off from high security zones

When they say they are free, I am only responding to that submission, they go to a hotel in Karnataka, why? Because there is a BJP Govt there : Sibal

Gupta J. - How is this “high security zone” justifying anything?

Gupta J. - How is this “high security zone” justifying anything?