14 July 2016

Pin It

Timeline SC restores Congress Government in Arunachal

Timeline SC restores Congress Government in Arunachal Pradesh a Historic Verdict

In a historic ruling, the Supreme Court restored the Congress government in Arunachal Pradesh, declaring the actions of Governor JP Rajkhowa ‘illegal’ and violative of the constitutional provisions.

BJP had supported the formation of a government led by rebel leader Kalikho Pul

Why the ruling of Supreme Court of India in this case is very important?

This is the first time in India it has reinstated a government even after a new government was formed in its place.

This is the victory of Democracy and Democratic Principals and honesty

Below is the timeline of the Arunachal Pradesh Case in which Supreme Court of India restored the Congress Government protecting Indian Democracy.

Year 2015 –

April 2, 2015:
Pull expelled from Congress for anti-party activities.

May 18, 2015:
Local court stays Pul's expulsion order.

July 1, 2015:
Former Assam chief secretary JP Rajkhowa sworn-in as governor

October 7, 2015:
Tuki drops four more rebel ministers

November 8, 2015:
Congress government in Arunachal Pradesh plunged into crisis after 21 of 47 legislators in the house of 60 denounced then chief minister Nabam Tuki's leadership and refused to attend a CLP meeting.

December 9, 2015:
Governor Jyoti Prasad Rajkhowa advanced the Assembly session from January 14, 2016, to December 16, 2015. Rajkhowa took the decision without consulting Tuki. The governor had also directed the House to consider a motion to replace the Speaker. Speaking on the matter, Congress leader Ghulam Nabi Azad said, "It is a matter of regret that unconstitutional actions are being taken by the Arunachal Pradesh governor on the directions of the central government."

December 15, 2015:
Speaker Rebia disqualifies 14 rebel Congress MLAs, Congress dissident camp swells to 21 MLAs

December 16, 2015:
21 Congress rebels, 11 BJP and 2 Ind MLAs impeach Rebia at special session held in makeshift venue as Tuki loyalist blocked entry to assembly, who abstained from the house.

December 17, 2015:
Pul elected as 'CM' by Congress rebels and BJP
a no-confidence motion was brought by BJP legislators against the Tuki-led government and the motion was adopted.
Kalikho Pul was elected the leader of the legislative party.
The impeachment of the Speaker and the no-confidence motion took place on makeshift premises

Year 2016-

January 5, 2016 –
The Gauhati High Court stayed the disqualification of the Congress MLAs and the Speaker’s plea was turned down.

January 15, 2016 –
The Supreme Court referred the entire batch of petitions filed by the Speaker to a constitution bench, which is examining the discretionary powers of the Governor.

January 24, 2016:
Union Cabinet recommended for President's rule to be imposed in the state.

January 27 2016:
President Pranab Mukherjee approved the recommendation of the union cabinet to impose President's Rule.

The Tuki government was dismissed. The state was placed under President's Rule.

January 29, 2016 –
Nabam Tuki filed a fresh petition in the Supreme Court challenging the imposition of President” s Rule in the state.

January 30, 2016 –
The Centre justified the imposition of President’s Rule in the state citing complete breakdown of law and order. It also said the Congress government was in a minority there.

February 2, 2016 –
Governor Rajkhowa said the President’s rule in the state was temporary and that a new elected government would soon be formed in its place

February 4, 2016 –
The Supreme Court, examining the powers of Governors, took strong note of a submission that all decisions of the Governor are not open to judicial review and said it cannot be a mute spectator when democratic processes are “slaughtered”.

February 5, 2016:
HC stays disqualification of 14 Congress MLAs

February 10, 2016 –
The top court rejected the pleas of the rebel Congress MLAs against the Speaker.

February 16, 2016:
Pul meets Rajkhowa, stakes claim to form government

February 17, 2016:
Union cabinet recommends lifting of PR

February 19, 2016 –
President’s Rule lifted in the state

February 20, 2016:
Rebel Congress leader Kalikho Pul was sworn in as chief minister with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs.

February 25, 2016:
Pul won the vote of confidence without any opposition on the first day of the state assembly session, with 17 Congress MLAs including former chief minister Nabam Tuki remaining absent in the House.

March 3, 2016:
30 rebel Congress MLAs who sided with CM Pul merged with People’s Party of Arunachal (PPA), leaving no scope for the Congress to take any legal action against them.

June 28, 2016:
BJP invites PPA to merge. PPA refuses.

July 13, 2016: SC reinstates Tuki. Congress Government stored
The court said the Governor’s actions were ‘illegal.’

A Constitution Bench of the Supreme Court on Wednesday unanimously quashed Arunachal Pradesh Governor J.P. Rajkhowa's decision to advance the Assembly session from January 14, 2016 to December 16, 2015

A five-judge Bench, led by Justice J.S. Khehar, directed the immediate imposition of status quo ante as on December 15, 2015.

The Bench, through the majority judgment of Justices J.S. Khehar, P.C. Ghose and N.V. Ramana, said the Governor is not an “all-pervading super constitutional authority.”

The court said that a Governor is not an elected representative, but only an executive nominee whose powers flow from the aid and advice of the Cabinet. His tenure depends on the pleasure of the President. Using discretionary powers to summon or dissolve Assembly sessions without the aid and advice of the Chief Minister and his Cabinet is plainly unconstitutional.

“The Governor is not an ombudsman for the Legislature nor the Speaker’s mentor. The Governor cannot require the Speaker to discharge his functions in the manner he considers constitutionally appropriate,”

The court held that what happens within the four walls of a political party is none of the Governor’s concern. “The Governor must remain aloof from any disagreement, discontent or dissension, within political parties. The activities within a political party, confirming turbulence, or unrest within its ranks, are beyond the concern of the Governor. The Governor must keep clear of any political horse-trading, and even unsavoury political manipulations,”

All Governor Rajkhowa did here, the court said, was to use his constitutional authority to ostensibly favor an “invalid breakaway group” of MLAs disqualified under the Tenth Schedule.

Any action taken by the Governor, based on the proceedings being carried on under the Tenth Schedule, would be a constitutional impropriety,” 

Reality views by sm –

Thursday, July 14, 2016

Tags – Timeline Arunachal Pradesh Government Congress Restore