Does Constitution Permit Discontinuity?
By
U.N.R. Rao
By courtesy of “The Hindu”.
The Communiqué from Rashtrapathi Bhavan on April 26, reads as follows :
“The President has, by a Presidential order under Sub-clause (b) of Clause (2) of Art. 85 of the Constitution of India dissolved the 12th Lok Sabha today.”
Consequently, the nation is minus its Lok Sabha. Does the Constitution permit an amputation of its most important organ? This question was analysed by me in an article (The Hindu, Sept. 23, 1974) 25 years ago. Art. 79 of the Constitution mandates that there shall be Parliament for the Union, which can only be understood to mean that there shall always be a Parliament without any hiatus. The power of dissolution can be exercised in such a way that it does not result in the discontinuity of the Lok Sabha.
The article was a sequel to the judgment of the Constitution Bench of the Supreme Court reported in AIR 1971 SC 1002, UNR Rao v. Smt. Indira Gandhi. I presented the case ....