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| Edited By: |Source: DNA |Updated: Jul 14, 2016, 07:50 AM IST
The Supreme Court judgment restoring Nabam Tuki as chief minister of Arunachal Pradesh is a resounding critique of the state governor JP Rajkhowa’s actions that overthrew the elected Congress government in the state.
So scathing is the five-judge bench’s criticism of Rajkhowa that he has lost all moral authority to continue in this constitutional post. The BJP, the implicit beneficiary of the governor’s actions, and the central government, has also lost face.
Rajkhowa was the Centre’s representative in Itanagar and it will be difficult for the BJP and the Modi government to dispel the impression that he worked under guidance from New Delhi. Coming soon after the judgment revoking President’s Rule in Uttarakhand and paving the way for Harish Rawat to stake power, the Supreme Court has once again frowned upon the Centre’s unseeming haste in replacing state governments without following constitutional norms. The remarkable aspect of this judgment is that it will force the current government headed by former Congress rebel Kalikho Pul out of office and restore an older council of ministers back to power.
There is no precedent for such a rollback of constitutional decisions. But it sends out an effective message to the Centre and its governors to refrain from more misadventures. The Supreme Court noted that Rajkhowa assumed for himself executive and discretionary powers far beyond those envisaged by the Constitution. His notification summoning the assembly on December 16 without the advice of the council of ministers, when the session was slated for January 14 came in for the most criticism.
The judges also noted that the governor must remain aloof from any discord, discontent or dissension within individual political parties and must “steer clear of unsavoury political manipulations, irrespective of the degree of their ethical repulsiveness”. While the court accepted that the governor can take into consideration the views of a breakaway group after observing that the government had lost its majority, Rajkhowa, surprisingly, did not demand a floor test. The court also ruled that the 21 dissident MLAs of the 47-member-strong Congress Legislature Party could not be considered a legitimate bloc. The Tenth Schedule which requires that two-third of the MLAs must break away to be recognised as a separate bloc.
The five judges also frowned upon Rajkhowa for intruding into the Speaker’s powers to disqualify MLAs, noting that MLAs could petition the constitutional courts for judicial review of the speaker’s decision. The governor’s attempt to influence the procedure for removing the speaker earned criticism. Though the court has restored the status quo ante that prevailed on December 15 and restored former speaker Nabam Rebia back to his post, the political circumstances have changed against the Congress.
The Guwahati high court has quashed Rebia’s decision disqualifying 14 dissident MLAs. Nine more Congress MLAs have joined the dissident ranks since Pul took over as chief minister reducing the official Congress legislature party to 17 members. In the 60 member house, this is a clear minority. However, the Supreme Court order puts these 30 dissident MLAs, who had merged with the People’s Party of Arunachal, back in the Congress. Pul’s breakaway group is also narrowly short of the two-third mark to avoid disqualification under the Tenth Schedule. Back in power, Tuki will be looking to win back more MLAs.
It remains to be seen whether Rebia will disqualify the dissidents again. This could give the Congress an upper hand in the trust vote but it will be a pyrrhic victory. All sides should show political sagacity and courage to face the electorate again. Realpolitik aside, the Supreme Court judgment has restored constitutional supremacy and is a stern rebuke to a governor who played havoc with a democratically elected government.
