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This is an archive article published on February 27, 2008

Office of profit: SC wants Govt’s view on petitions

The Supreme Court on Wednesday preferred to have the Government’s opinion on petitions challenging the Constitutional validity of an amendment...

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The Supreme Court on Wednesday preferred to have the Government’s opinion on petitions challenging the Constitutional validity of an amendment brought in the law on Office of Profit (OoP). This came a day after the three-judge Bench — presided by Chief Justice K G Balakrishnan — commenced the hearing into the petitions challenging the OoP law. The petitioners, who were objecting to the amendment, urged that the matter should be heard by a larger Bench.

Contending that the issue raised important questions of law, it was pleaded that the case be handed to the Constitution Bench for final disposal. However, the Bench, unfazed by the submission, sought a response from Additional Solicitor General Gopal Subramanium. The ASG refrained from furnishing any response but maintained there were already several judgments given by this court on this issue.

“It’s premature to make any statement and I would put forward my stand when I would start arguing the case,” he said.

Earlier during the hearing, senior advocate Harish Salve, arguing for Trinamool Congress MP Dinesh Trivedi, hinted that it was done with the sole purpose of protecting 55 persons. “The Government departed from the well-established constitutional convention to save 55 persons which is arbitrary,” he argued. At which, CJI said,”Others might say that they are not given similar treatment.”

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