Arunachal Pradesh: SC to hear challenge today
President of India Pranab Mukherjee on Tuesday signed a Proclamation under article 356(1) of the Constitution, imposing President's Rule in relation to the State of Arunachal Pradesh and keeping the Legislative Assembly of the State in suspended animation with effect from Jan 26, 2016.
Taking cognisance of the constitutional breakdown that has taken place in the State of Arunachal Pradesh as reported by the Governor of Arunachal Pradesh, the Union Cabinet in its meeting held on Jan 24, had recommend to the President of India to issue such proclamation.
"In pursuance of this proclamation, all the functions of the Government of the State of Arunachal Pradesh and all the powers vested in or exercisable by the Governor of Arunachal Pradesh under the Constitution or under any law in force in that State, which have been assumed by the President by virtue of the said Proclamation, shall, subject to the superintendence, direction and control of the President, will also be exercisable by the Governor of Arunachal Pradesh," a government statement said.
The Congress, which was in power in Arunachal Pradesh, vowed on Sunday to fight such a move "tooth and nail".
Trouble began for the Congress in Arunachal Pradesh when as many as 21 out of its 47 MLAs rebelled. The BJP has 11 MLAs in the 60-member House.
While the Congress moved a motion demanding removal of the Deputy Speaker, the BJP sought the Speaker’s removal. The Governor intervened and advanced a session of the assembly. He also sent a letter directing that the first item on the agenda of the session should be a resolution for removal of the Speaker.
He directed that the Deputy Speaker, who is disgruntled with the Congress, “shall preside over the House from the first moment of the first sitting of the House in accordance with provisions in article 181(1) of the Constitution”.
The Governor’s message further instructed that the procedures related to removal of the Speaker “shall be completed at the first sitting of the session itself” and that “until the session is prorogued, no presiding officer shall alter the party composition in the House.”
The Gauhati High Court first put on hold the decisions taken at the rebel "session". After the high court dismissed the petition, the Speaker moved the Supreme Court, which has referred the case to a Constitutional bench.
Arunachal Pradesh Chief Minister Nabam Tuki has alleged that Governor Rajkhowa acted as a "BJP agent" and helped the rebel Congress lawmakers by calling an assembly session ahead of time.
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