Governor Vidyasagar Rao has to decide Tamil Nadu CM issue by Monday, else writ can be filed: Subramanian Swamy

A day after calling on Tamil Nadu Governor Ch Vidyasagar Rao, BJP leader Subramanian Swamy on Sunday said the former has to decide on the issue of government formation by tomorrow else a court case “can be filed charging abatement of horse trading”.

“The TN Guv must decide CM issue by tomorrow otherwise a WP (writ petition) under Art 32 of the Constitution can be filed charging abatement of horse trading,” he said in a tweet.

Ever since the issue of government formation has broken out, Swamy has been favouring AIADMK General Secretary V K Sasikala to be sworn-in as Chief Minister, saying she has the numbers in her favour.

The TN Guv must decide CM issue by tomorrow otherwise a WP under Art 32 of the Constitution can be filed charging abetment of horse trading

— Subramanian Swamy (@Swamy39) February 12, 2017

However, the BJP’s state unit sought to distance itself from Swamy, saying he has taken a “different path”.

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“I would like to make it clear that it is not the path of Tamil Nadu BJP,” BJP state President Tamilisai Sounderrrajan said.

“He (Swamy) is a member of the National Executive and his views are not that of the state unit,” she told reporters.

According to Article 32, when an individual feels that he has been “unduly deprived” of his fundamental rights, he can move the Supreme Court and seek justice. Since the apex court is considered “the protector and guarantor of the Fundamental Rights”, it is given the authority to issue directions or orders for the enforcement of any of the rights conferred by the Constitution.

Under Article 32, the Parliament can also empower any other court to exercise the power of Supreme Court “within the local limits of its jurisdiction”. The right to constitutional remedies guaranteed by this Article can’t be suspended unless by some constitutional amendments. To sum up the benefits of Article 32 for citizens, it must be said that the law provides an assured remedy for enforcing the Fundamental Rights as the person can directly approach the Supreme Court without having to follow a lengthier process of moving lower courts.

Union Minister and senior state BJP leader Pon Radhakrishnan defended the Governor, saying “this is not a party issue to” take a quick decision.

“This concerns the fate of Tamil Nadu, so there is no need for any haste,” he added.