CHINTA SUBBA RAO Vs. STATE

JUDGEMENT

(1.) <DJG>Chouday, J.</DJG> The petitioner is an Advocate of several years standing and is a member of the High Court Bar. He says in this application Of hit file under Article 226 of the Constitution that the "Supreme Gommander of Defence Forces of the Union of India, Pashtrapathi Bhavan, New Delhi", who is the first respondent and the Cabinet Secretary to the Union of India, New Delhi, the second respondent, should be directed to show cause why they should not be ordained to invoke 'Martial Law' as a panacea to the present constitutional impasse for the rest of the term of Lok Sabha to be replaced by general poll".

(2.) This is an extraordinary application evea in these extraordinary time through which our country is passing. The Government at the centre that came into the office about 28 months ago, with the massive mandate ot the people resigned, over a week back in the context of a no-confidence motion without yet a new Government taking over the reins of the Government. It may be as the petitioner says in his argument that in the annals of modern history of parliamentary form of Government, this continuance of a care-taker Government for such prolonged period a unprecedented. But is the writ plea for imposition of Martial Law on the whole country by the President of India referred to in the petition as the 'Supreme, Commander of the Defence Forces' legally tenable? Is the President of India constitutionally competent to impose Martial Law on the country in the present circumstances ? Has this Court got power and jurisdiction to issue this writ?

(3.) The petitioner in his affidavit states that the President of India knows fully well that no single party or group commands majority in the Lok Sabha at present. He further states that the present constitutional impasse is insurmountable. The care-taker Government, the petitioner argues, can only be there for a few days at best and can never be continued constitutionally for a prolonged period of time. The petitioner says that the present constitutional impasse spells national disaster leading to chaos and anarchy and constitutional uncertainty and instability. He therefore says that proclamation of Martial Law for the rest of term of the present Lok Sabha is the only alternative political solution in the circumstances and accordingly he fiks writ petition.