New Delhi: The Supreme Court of India on July 13 ordered the restoration of the Congress government in the northeastern Indian state of Arunachal Pradesh in what is seen by many as a “big blow” to the federal government.
The apex court quashed the decision of the state’s Governor Jyoti Prasad Rajkhowa to advance the legislative assembly session by a month in December 2015.
The Supreme Court termed as unsustainable and liable to be quashed all decisions taken by the legislative assembly pursuant to the governor’s December 9, 2015, order, report agencies.
The judgment means the present Arunachal Pradesh government headed by Kalikho Pul would have to step down now to make way for the Congress government headed by Nabam Tuki.
The verdict is historic as it is for the first time that the apex court has put back a state government dismissed by the federal government under the president’s rule.
On December 9, 2015, Governor Rajkhowa issued an order advancing the start of legislative assembly session from January 14 to December 16.
The governor had directed the state assembly to take up as the first item a resolution moved by the dissidents for the removal of Speaker Nabam Rebia and keep the party composition in the house unaltered.
It was argued on behalf of Rajkhowa that if the governor, under the constitution, had power to prorogue the House then he could as well advance its commencement otherwise scheduled for later date.
In its landmark unanimous verdict, a five-judge constitution bench, headed by Justice J S Khehar, ordered that status quo ante in Arunachal Pradesh assembly.
The Nabam Tuki-led government was dismissed following days of turmoil after 21 of the 47 Congress MLAs rebelled against the chief minister. Arunachal Pradesh was placed under President’s rule on January 26.
Just before the apex court had reserved its verdict on February 20 this year, rebel Congress leader Kalikho Pul was sworn in as chief minister of Arunachal Pradesh with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs who gave outside support in the 60-member assembly.
Besides Justice Khehar, other members of the bench were Justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana.
Today’s verdict comes as a shot in the arm for Congress with Arunachal Pradesh becoming the second state after Uttarakhand where the party-ruled government was restored by the apex court.
Welcoming the verdict, Tuki said it was “historic” and that it has protected democracy and ensuring justice.
“The Supreme Court verdict today is a historic. It paves way to protect healthy democracy in the country,” Tuki said.
Justice Khehar pronounced the voluminous main judgment and read out the operative portion, saying that the governor’s December 9, 2015, order violated Article 163 and Article 174 of the Constitution.
Justice Misra said that the conduct of the governor should not only be impartial but should appear to be perceptibly impartial.