President’s Rule Current Affairs

SC orders restoration of Congress Government in Arunachal Pradesh

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.
For more details: Union Cabinet clears President’s rule in Arunachal Pradesh

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Harish Rawat led Congress Government wins the Floor Test in Uttarakhand Assembly

Harish Rawat-led Congress Government has won the floor test in the state legislative assembly conducted on 10 May 2016 on the order of the Supreme Court.

In the floor test Harish Rawat Government recieved 33 votes against 28 votes out of 61 qualified members who voted in the assembly.

Based on this, the apex court has allowed Mr Rawat to assume office as Chief Minister after President’s rule is revoked in the state.

After the mandate of floor test in Uttarakhand Assembly, the Union Cabinet has taken decision to revoke President Rule in Uttarakhand.

Background

  • The Himalayan state had plunged into a political crisis after nine legislators from ruling Congress had revolted against the Chief Minister Harish Rawat.
  • It had brought government into minority in the 70-member state legislature. Since then President Rule under Article 356 was imposed in Uttarakhand in March 2016.
  • Prior to imposition of President Rule, 9 rebel legislators were disqualified by the speaker under the anti-defection law.
  • However, Harish Rawat had challenged the President Rule in the Uttarakhand High Court which in its April 21, 2016 order had quashed the President Rule.
  • Later, the Supreme Court on 5 May 2016 ordered to conduct of ‘composite floor test’ in the Uttarakhand legislative assembly based on its previous directives in the R. Bommai v. Union of India case.

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