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बेसिक इंग्लिश का दूसरा सत्र (कक्षा प्रारंभ : 22 अक्तूबर, शाम 3:30 से 5:30)
Q. Verdict on Arunachal Pradesh Government: Discuss the apex court verdict on Arunachal Pradesh Government.
Jul 14, 2016 Related to : GS Paper-2

Ans :

Introduction-

Yesterday Constitution bench of Supreme Court quashed Arunachal Pradesh Governor’s order to advance the Assembly session that led to the ouster of then government and court directed to maintain status quo ante i.e. Court virtually reinstated then Arunachal Pradesh government.

Background-

  • In last December, Governor of Arunachal Pradesh after request from rebel MLA’s intervened and advanced a session of the State Assembly by nearly a month.
  • Session set agenda to remove the Speaker as the first item on the agenda. This led to a shutdown of the legislature at the behest of the Chief Minister and the Speaker.
  • The dissidents hold a parallel session at a makeshift venue, where the Speaker was removed and a no-confidence motion against the government adopted.
  • After no-confidence motion, subsequently President’s Rule was imposed in Arunachal Pradesh. Later with support of dissidents MLA’s Kalikho Paul formed the government.

Judgement-

A five-judge Constitution bench, held that actions of governor of Arunachal Pradesh, i.e. advancing the date of the assembly session and deciding the order of business as illegal. Supreme Court said that governor’s discretionary power to override Speaker and advance assembly session without aid and advice of the state cabinet is unsustainable. Hence all steps taken by the Arunachal Pradesh assembly in light of the governor’s decision are unsustainable and directed to maintain status quo.

Impact of Judgement-

  • The judgment provides clarity on the role and discretionary power of the Governor.
  • The Governor has no authority to resolve disputes within a political party, and nor is he the conscience-keeper of the legislature.
  • The Governor has no discretionary power to advance an Assembly session without the aid and advice of the Council of Ministers and nor can he fix its agenda of the sessions.

Conclusion-

The recent judgement of the Constitution Bench of the Supreme Court has significant impact in the federal structures of India. Court clarified the role and responsibility including the discretionary power of Governor.  Though there are several judicial precedents like S R Bommai judgement, but it the first time judiciary has restored an ousted government.


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