Had the rebel MLAs not rejoined the Congress, the Supreme Court’s restoration of the state government to its December 15 form would have soon lost legitimacy.
J.P. Rajkhowa’s report to the president of India articulates that his personal safety concerns played a role in him seeking the imposition of President’s rule in Arunachal Pradesh.
Whether the rebel MLAs leave their new party to rejoin the Congress and help Tuki form his government is not clear yet. Without that, Tuki will not have the numbers.
The court called the decision to remove the elected Arunachal Pradesh government “illegal and unconstitutional”.
The citizen’s collective Wada Na Todo Abhiyan has painstakingly documented the systematic budgetary cuts in social welfare programmes over the last two years and has called out the government’s pro-corporate policies that have marginalised the poor further.
The Supreme Court on May 9 rejected the plea to vote by nine Congress MLAs, who were disqualified from the Uttarakhand Assembly, during the floor test on May 10.
The Uttarakhand case and the suspension of Andhra Pradesh MLA R.K. Roja illustrate the possible consequences of mixing up the functions of the legislature and the judiciary.
Although the Centre moved the Supreme Court against the Uttarakhand high court order that quashed the imposition of President’s rule in the state and restored the Harish Rawat government, experts believe the order will sustain in the apex court since it is in line with it’s the Bommai judgement.
Unlike the Supreme Court which heard the case on Nabam Tuki’s ouster as Arunachal chief minister, the Uttarakhand high court accepted Harish Rawat’s plea that any delay in granting his prayer could make the result infructuous
Hailing the Uttarakhand High Court verdict setting aside the President’s rule in the state and restoring his government, Rawat said the Modi government should forget about the recent developments and cooperate with his government.
While the Congress see the court order as vindication of its standpoint, the Left and other regional parties view the order as reinforcing Constitutional values of federalism.
The high court said the material considered by the Centre to impose President’s rule has been found to be wanting. It has ordered a fresh floor test in the Uttarakhand assembly on April 29.
Singhvi, who appeared for former Chief Minister Harish Rawat in his plea challenging President’s Rule, expressed the fear after the Centre said that the Attorney General’s statement of April 7, that nothing with regard to 356 will be done till April 17, has “expired”.
The Uttarakhand HC is unconvinced by the Centre’s motives in imposing president’s rule, saying that they are “cutting at the roots of democracy”.
The BJP at the Centre has mocked the integrity of well-established institutions and created a disaster for Indian democracy.
India’s quasi-federal constitution appears to be operating in a unitary manner with an extreme bias towards the Centre.
Those critical of the high court’s order must understand that it was an extraordinary intervention, necessitated by the Centre’s controversial decision to impose President’s rule in Uttarakhand.
The Uttarakhand high court has ordered a floor test in the Assembly on March 31, in the latest developments in the ongoing crisis in the state where President’s rule was imposed on Sunday.
The use of Article 356 was almost erased from our collective political memory. All the unsavoury institutional memories of a distant past are now being revived with a vengeance by a floundering regime.
The Centre should have waited for the floor test to resolve the issue and should have gone to court against the Uttarakhand speaker’s decision if it felt aggrieved, says Prashant Bhushan.
Bench says it is satisfied the 14 rebel MLAs disqualified by the speaker were not served notice in the prescribed manner but will continue to consider the legality of the imposition of president’s rule in the state.
While Kalikho Pul insists he will form a “Congress government” with the help of BJP MLAs, the Anti-Defection Act may derail his plans.
President’s rule is evil. It is doubly evil when imposed randomly. The central government is starting on the path of creating instability in states, which is an abuse of the constitution.
‘APJ’ pushed the envelope on political issues but kept within the ‘Lakshman rekha’ that the Constitution has drawn for presidential functioning