SC orders restoration of Congress Government in Arunachal Pradesh

July 13, 2016

The Supreme Court has ordered the restoration of former Chief Minister Nabam Tuki’s Congress government in Arunachal Pradesh.
Verdict in this regard was given by a five-judge constitution bench headed by Justice JS Kehar on a bunch of petitions.
These petitions were dealing with discretionary powers of Governor Jyoti Prasad Rajkhowa to summon or advance the assembly session.
SC Verdict

Governor’s decision advancing session of the state assembly by a month is violative of the Constitution and is liable to be quashed.
All steps and decision taken by the Legislative Assembly pursuant to Governor’s December 2015 are unsustainable and have been set aside.
Struck down removal of speaker Nabam Rebia and he should be restored back as Speaker of the House.

Comment

The SC judgment means the present Arunachal Pradesh government headed by Chief Minister Kalikho Pul would have to step down and make way for then Congress government headed by Nabam Tuki.
It also for the first time in this history, Supreme Court has put back a state government that had been dismissed by the Centre under the President’s rule (under Article 356).

Background

The north eastern state of Arunachal Pradesh had plunged into political crisis in November 2015 after 21 of the Congress’ legislators of the total 47 had rebelled against then CM Nabam Tuki.
The rebellion had reduced the Congress government to 26 legislators (i.e. in minority) in the 60-member assembly.
Following the political crisis, the Union Government had imposed President’s rule under Article 356 of Constitution on January 26, 2016.
Later the leader of the Congress dissidents’ faction, Kalikho Pul, was sworn in as the 9th Chief Minister in February 2016 with support of twenty rebel Congress legislators and 11 BJP legisators.