SC restores Congress govt in Arunachal
The Supreme Court on Wednesday restored the Congress government in Arunachal Pradesh, scrapping all decisions by the Governor that precipitated the fall of the previous administration.
New Delhi: The Supreme Court on Wednesday restored the Congress government in Arunachal Pradesh, scrapping all decisions by the Governor that precipitated the fall of the previous administration.
A five-judge bench headed by Justice JS Kehar quashed Governor JP Rajkhowa’s decision to advance the legislative Assembly session by a month last year. “This order to prepone the Assembly violates the Constitution,” the bench said.
Highlights:
- Apex court ruling leaves BJP red-faced
- Cong claims victory for democracy
It also quashed the Governor’s December 9, 2015 message directing the manner in which the Assembly proceedings had to be conducted from December 16 to 18.
“All decisions taken by the Arunachal Pradesh Assembly after December 9 are unsustainable and set aside,” held the bench in a unanimous judgment.
The decision is a huge embarrassment for the BJP-ruled Union government that ordered President’s Rule in the state, following which Congress rebels formed the government with support from the saffron party.
But the Supreme Court restored the state Assembly to its state before December 9 when the new session was called – which means the dismissal of the Congress government, President’s Rule and the new administration have all been declared invalid. This is the second time in recent months that the BJP has faced a setback over imposing President’s Rule.
Meanwhile, the Centre said the Congress government headed by Nabam Tuki would be restored in the wake of the Supreme Court judgement. "The judgement has to be implemented and the Governor will take all necessary actions," Attorney General Mukul Rohatgi said after a high-level meeting at the Prime Minister’s residence.
He said the action has to be taken by the Governor as the Central government has no role to play and also it was not a party in the matter. Rohatgi said as of now no decision has been taken to file any review petition immediately on the Supreme Court verdict.
Earlier, the Prime Minister deliberated with senior ministers on the Supreme Court order on Arunachal Pradesh and explored the way forward, including a review petition to be filed possibly by Chief Minister Kalikho Pul. 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, official sources said.
While the BJP criticised the Supreme Court verdict on Arunachal Pradesh wondering whether it strengthens or weakens democracy, the entire Opposition hit out at the Modi government accusing it of "misuse of power" and "transgression" of constitutional structure.
In a sharp reaction, the BJP said the verdict is a very strange order that the leader with majority support and running the government was being asked to sit in the Opposition. Reacting to the apex court order restoring her party government in the state, Congress president Sonia Gandhi and vice president Rahul Gandhi targeted Prime Minister Narendra Modi and the Centre saying those who trampled upon constitutional propriety and democratic norms stand defeated.
Source: Agencies
