SC verdict on caretaker govt
The Supreme Court in its full verdict on the legality of non-party caretaker government observed: "Although the 13th amendment to the constitution is illegal, parliament may take measures to constitute the caretaker government in new form to hold the tenth and eleventh national polls.'
The full verdict suggested that the House might enact a law scrapping the provision for making a retired chief justice or an Appellate division judge the chief adviser of the caretaker government. This part of the final verdict is identical to what was in the short verdict delivered 16 months back.
But the final verdict adds further that such a government should be formed with only elected lawmakers. It seems fully legal to form a government with elected lawmakers. This can be done even if the parliament is dissolved. Clause (4) of Article 56 of the constitution reads: "If occasion arises for making any appointment under clause (2) or clause (3) between a dissolution of parliament and the next following general election of members of parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.'
I would request the legal experts to examine the issue.
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