Uttarakhand crisis: SC says President's Rule to continue, has 7 questions for Centre

Next hearing on May 3; apex court rules out April 29 floor test in state Assembly

The President's rule will continue in Uttarakhand and the April 29 floor test in the Assembly ordered by the High Court will not take place as the Supreme Court today extended its stay on the quashing of the Central rule.

Hearing the Centre's appeal against the Uttarakhand High Court judgement revoking President's rule, the apex court framed seven tough questions and even gave liberty to the Attorney General to include other questions the government would like to be addressed.

The bench comprising Justices Dipak Misra and Shiva Kirti Singh posted the matter for further hearing on May 3 amidst indication that the verdict may be pronounced before the court breaks for summer vacation by the middle of next month.

The bench made it clear that it was extending the stay on the Uttarakhand High Court verdict till further orders on the consent of parties.

Senior advocate Abhishek Manu Singhvi, appearing for Rawat, said there was no question of opposing the bench's stand on continuing with the interim order staying the High Court's order for few more days.

During the hearing, the bench said possibly the answer to the current incident would ultimately be the floor test and asked Attorney General Mukul Rohatgi to think over the questions and suggestions put forward by it.

"The matter has its own gravity and ultimately in such a case prima facie we have to sustain democracy and if we don't find merit with the President's rule then we will have to have a floor test.

"Therefore, as a constitutional concept unless we really vacate our order, not to say lift President's rule, we have to modify our order and have to say go for the floor test. Think over it," it said.

Attorney General said that he will think over it and inform the court.

The bench also said that this is an emergent situation.

While answering various questions Rohatgi, said President's rule will be operative for two months till May 27 and if it is upheld by the court, then to have a floor test will be the discreation of the government and if the President's rule is dismissed, it will be a case of non-existence of Central rule and in that event the direction to the governor will be to call for the floor test.

In a high-voltage hearing that commenced at 2pm in a packed court room, the bench, at the outset, took strong note of the plea of Uttarakhand Chief Secretary that he be also allowed put forth his views in the matter.

"What will the Chief Secretary do? Chief Secretary has nothing to do with the matter. What kind of affidavit he is going to file," the bench said.

The court then listed out seven questions which it wanted to deliberate upon during the course of the hearing and asked Attorney General Mukul Rohatgi and others to assist it.

1.  Whether Governor could have sent message in present manner under Article175 (2) to conduct floor test?

2. Whether disqualification of MLAs by the speaker is a relevant issue for the purpose of imposing President's rule under Article 356?

3. (Whether) Proceeding in the #Uttarakhand Assembly can be taken note by the President for imposing President's rule?

4. What is the stage of appropriation bill & when President rule comes in the picture with regards to Appropriation bill?

 

5. can a delay in the floor test be ground for proclamation of President rule in state?

6. Convention is money bill failed, Govt goes but who is to say money bill hasn't been passed if Speaker doesn't say so?

7. Whether Governor can ask Speaker for division of votes as both are constitutional authorities?