 "SC restores Cong govt in Arunachal, BJP terms the order 'very strange'")
A five-judge Constitution Bench of the Supreme Court on Wednesday unanimously restored the Congress government in Arunachal Pradesh.
The order, primarily a critique of the role played by the Governor’s office, quashed all decisions taken by Arunachal Pradesh Governor J P Rajkhowa — from mid-December 2015 to the time that a new Bharatiya Janata Party (BJP)-supported government was put in place in February — as “unconstitutional”.
Attorney-General Mukul Rohatgi, after a high-level meeting at Prime Minister Narendra Modi’s residence in the evening, said the Governor would implement the judgment. The Centre was not a party in the matter. Rohatgi said no decision has been taken to file a review petition. Earlier, the PM consulted senior ministers and explored the way forward, including a review petition. Home Minister Rajnath Singh, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad, Rohatgi and top government officials met at the home ministry and examined the apex court ruling and its implications, sources said. After the hour-long meeting, they drove to the PM’s official residence.
The five judges gave three separate but concurring judgments in 330 pages. Presiding judge Justice J S Khehar said the Governor should not embroil himself in any “political thicket”. The Bench attempted to define the role of the gubernatorial office. It said the Governor can exercise his powers, without the aid and advice of the council of ministers, only when the government has lost a floor test.
The BJP termed the SC order as “very strange”. Its national secretary Shrikant Sharma said the order has weakened the democratic spirit as it would reinstate the Congress’ Nabam Tuki government, which doesn’t have the numbers, by replacing the Kalikho Pul government that has a majority.
Congress and other parties welcomed the judgment, terming it a slap on the face of the Modi government’s dictatorial attitude.
The verdict came hours before BJP President Amit Shah launched the Northeast Democratic Alliance in Guwahati.
The order comes in the wake of a series of developments in the two-year tenure of the Modi government that have soured the relationship between the government and the judiciary.
In its verdict, the apex court quashed the Governor’s orders that had advanced the session of the Assembly from January 14 to December 16 last year and all of his subsequent directions. It said the Governor’s actions violated Articles 163 and 174 of the Constitution and ruled that all steps and decisions taken by the Assembly pursuant to the Governor's order were unsustainable. The order of the Assembly Deputy Speaker setting aside the order of the Speaker was also quashed.
The court observed that if the Governor felt Congress Chief Minister Nabam Tuki had lost the confidence of the House, he could have called for a floor test. But he did not do that. “The Governor’s actions, based on feuds and wrangles of a breakaway group, which is not recognised under the Tenth Schedule (anti-defection law), cannot be constitutionally condescended.” It said the Governor had no role whatsoever in the removal of the Speaker (or the Deputy Speaker) under Article 179.
The Governor must keep clear of any political horse-trading, and even unsavoury political manipulations, irrespective of the degree of their ethical repulsiveness. Who should or should not be the leader of a political party should be resolved by the party. The Constitution does not give the Governor the authority to resolve such disputes, the verdict said.
It said it wasn’t for the Governor to schedule the functioning of the Assembly. “The Governor must keep away from all that goes on within the House.”
The controversy started on December 9 last year with some rebel Congress MLAs asking the Governor to impeach Speaker Nabam Rebia. The Governor, in an emergency session, imposed President’s rule. On February 20, Kalikho Pul became the new chief minister.
The order, primarily a critique of the role played by the Governor’s office, quashed all decisions taken by Arunachal Pradesh Governor J P Rajkhowa — from mid-December 2015 to the time that a new Bharatiya Janata Party (BJP)-supported government was put in place in February — as “unconstitutional”.
Attorney-General Mukul Rohatgi, after a high-level meeting at Prime Minister Narendra Modi’s residence in the evening, said the Governor would implement the judgment. The Centre was not a party in the matter. Rohatgi said no decision has been taken to file a review petition. Earlier, the PM consulted senior ministers and explored the way forward, including a review petition. Home Minister Rajnath Singh, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad, Rohatgi and top government officials met at the home ministry and examined the apex court ruling and its implications, sources said. After the hour-long meeting, they drove to the PM’s official residence.
The five judges gave three separate but concurring judgments in 330 pages. Presiding judge Justice J S Khehar said the Governor should not embroil himself in any “political thicket”. The Bench attempted to define the role of the gubernatorial office. It said the Governor can exercise his powers, without the aid and advice of the council of ministers, only when the government has lost a floor test.
The BJP termed the SC order as “very strange”. Its national secretary Shrikant Sharma said the order has weakened the democratic spirit as it would reinstate the Congress’ Nabam Tuki government, which doesn’t have the numbers, by replacing the Kalikho Pul government that has a majority.
Congress and other parties welcomed the judgment, terming it a slap on the face of the Modi government’s dictatorial attitude.
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The verdict came hours before BJP President Amit Shah launched the Northeast Democratic Alliance in Guwahati.
The order comes in the wake of a series of developments in the two-year tenure of the Modi government that have soured the relationship between the government and the judiciary.
In its verdict, the apex court quashed the Governor’s orders that had advanced the session of the Assembly from January 14 to December 16 last year and all of his subsequent directions. It said the Governor’s actions violated Articles 163 and 174 of the Constitution and ruled that all steps and decisions taken by the Assembly pursuant to the Governor's order were unsustainable. The order of the Assembly Deputy Speaker setting aside the order of the Speaker was also quashed.
The court observed that if the Governor felt Congress Chief Minister Nabam Tuki had lost the confidence of the House, he could have called for a floor test. But he did not do that. “The Governor’s actions, based on feuds and wrangles of a breakaway group, which is not recognised under the Tenth Schedule (anti-defection law), cannot be constitutionally condescended.” It said the Governor had no role whatsoever in the removal of the Speaker (or the Deputy Speaker) under Article 179.
The Governor must keep clear of any political horse-trading, and even unsavoury political manipulations, irrespective of the degree of their ethical repulsiveness. Who should or should not be the leader of a political party should be resolved by the party. The Constitution does not give the Governor the authority to resolve such disputes, the verdict said.
It said it wasn’t for the Governor to schedule the functioning of the Assembly. “The Governor must keep away from all that goes on within the House.”
The controversy started on December 9 last year with some rebel Congress MLAs asking the Governor to impeach Speaker Nabam Rebia. The Governor, in an emergency session, imposed President’s rule. On February 20, Kalikho Pul became the new chief minister.