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Arunachal Pradesh verdict: Governor can act on his own only if govt loses majority, says SC

SC verdict comes as a major setback to the Central Government.

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 The Supreme Court on Wednesday said that the Governor can exercise his power without the aid and advice of council of ministers only when the government in power loses majority in a floor test.

"Only in a situation where the Government in power, on the holding of such floor test, is seen to have lost the confidence of the majority, it would be open to the Governor to exercise the powers vested with him under Article 174 at his own, and without any aid and advice," a five-judge constitution bench headed by Justice J S Khehar said. Referring to reports of Justice Sarkaria Commission report which was reiterated by Justice M M Punchhi Commission, the bench said that "as long as the Council of Ministers enjoys the confidence of the House, the aid and advice of the Council of Ministers headed by the Chief Minister is binding on the Governor, on the subject of summoning, proroguing or dissolving the House or Houses of the State Legislature".

Justice Sarkaria Commission was set up in 1983 by the Centre to examine the relationship and balance of power between state and central governments. Justice M M Punchhi was also later commissioned to deal with the same issue. The bench said, "the above position would stand altered, if the Government in power has lost the confidence of the House. As and when the Chief Minister does not enjoy the support from the majority of the House, it is open to the Governor to act at his own, without any aid and advice." "Aid and advice sustains and subsists, till the Government enjoys the confidence of the Legislature. We find no justification in taking a different view than the one expressed by the Justice Sarkaria Commission report, conclusions whereof were reiterated by the Justice M M Punchhi Commission report", it said. 

The bench also referred to the treatise by M N Kaul and S L Shakdher's 'Practice and Procedure of Parliament' published by the Lok Sabha Secretariat. It said that it "clearly expresses the view of the authors that the Governor would summon or prorogue the House or Houses of the State Legislature, on the aid and advice of the Chief Minister." "The narration by the authors reveals that it would be open to the Governor to suggest an alternative date for summoning or proroguing the House or Houses of the State Legislature, but the final determination on the above issue rests with the Chief Minister or the Cabinet, which may decide to accept or not to accept, the alternate date suggested by the Governor," the bench said.

It said that the opinion expressed by Kaul and Shakdher highlighted the fact that defection of some members of the ruling party does not necessarily prove that the party has lost confidence of the House. The bench noted that Governor Jyoti Prasad Rajkhowa had never called for a floor test, "it is reasonable for us to infer, that the Governor did not ever entertain any doubt, that the Chief Minister and his Council of Ministers were still enjoying the confidence of the majority, in the House".

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