New Delhi: In a massive blow to the Narendra Modi government, the apex Supreme Court on Wednesday turned the clock back and restored the Congress government in Arunachal Pradesh (AP), describing the decisions leading to its dismissal “illegal and unconstitutional”.
The top court said Governor Jyoti Prasad Rajkhowa’s decision advancing the state Assembly session by a month is violative of the Constitution and liable to be quashed. All the five judges bench were unanimous in setting aside the Governor’s orders.
The verdict restores the political status quo in the northeastern state as of December 15, 2015. The bench headed by Justice JS Khehar said the “clock should be turned back” in Arunachal.
The court said “all decisions taken by the Arunachal Pradesh legislative assembly after December nine, when Governor Jyoti Prasad Rajkhowa called the session, are quashed and unsustainable. The Governor must remain aloof from any disagreement, discord, disharmony, discontent or dissension, within individual political parties.”
The impact of the SC verdict will be felt not only in the northeastern state but also in the capital New Delhi, especially during the upcoming Monsoon Session of Parliament.
The Congress government was dismissed in an assembly session called in December by Governor Rajkhowa, a month before scheduled, after 21 of 47 Congress lawmakers rebelled against the chief minister (CM).
In a dramatic assembly session, the Opposition legislators along with the rebels had “removed” CM Nabam Tuki. The Speaker challenged in court the Governor’s right to call a session.
Later, as many as 14 rebel Congress legislators were disqualified. The state had been under President’s Rule since January 26.
Reacting to the news, Tuki said, “so finally we have got justice from the Court. The Supreme Court has saved this country and its Constitution by giving a historic verdict. This will help protect healthy democracy in the country. This is a remarkable judgement.”
After the verdict, Congress vice president Rahul Gandhi tweeted, “thank you Supreme Court for explaining to the Prime Minister what democracy is.”
Earlier during the hearing, when Congress informed the court about the alleged illegal swearing in of the new government, the top court had opined that it had the powers to turn the clock back and reinstate Tuki government, if it found that the Governor exceeded his powers.
The Centre had supported the Governor in the Court, arguing that he was well within the powers and President’s Rule was imposed only after complete failure of law and order.
Meanwhile, under attack following the Supreme Court’s order, BJP on Wednesday sought to deflect the criticism saying the political crisis in the state was an outcome of the Indian National Congress’ internal fight and that it supported the new government only from outside.
The party maintained that it will respond to the apex court’s judgement after studying its order in detail and claimed the verdict was not a setback to it.
It targeted Congress after Gandhi’s tweet in which he took potshots at Modi.
“What happened in Arunachal was an outcome of internal fight within Congress. Its government was reduced to minority after a faction within the party rebelled. We only supported the faction’s bid for power from the outside. Congress should not blame us for its internal problems.
“Rahul Gandhi is talking about democracy but he should know that past Congress governments have made a century of the use of Article 356 (of the Constitution) to dismiss state governments,” BJP national secretary Shrikant Sharma said.
