Supreme Court restores status quo in Arunachal, Congress govt. reinstated [Read judgment]

In a major judgment delivered today, the Supreme Court restored status quo in Arunachal Pradesh, as it prevailed on December 15, 2015. The Court quashed the Governor’s decision of advancing the Assembly session from January 14, 2016 to December 16, 2015..The decision was rendered by a Constitution Bench comprising Justices JS Khehar, Dipak Misra, Madan B Lokur, PC Ghose and NV Ramana. Justice Lokur and Misra wrote separate concurring judgments..The court held the following:.“(i) The order of the Governor dated 9.12.2015 preponing the 6th session of the Arunachal Pradesh Legislative Assembly, from 14.1.2016, to 16.12.2015 isviolative of Article 163 read with Article 174 of the Constitution of India, and as such, is liable to be quashed. The same is accordingly hereby quashed..(ii) The message of the Governor dated 9.12.2015, directing the manner of conducting proceedings during the 6th session of the Arunachal Pradesh Legislative Assembly, from 16.12.2015 to 18.12.2015, is violative of Article 163 read with Article 175 of the Constitution of India, and as such, is liable to be quashed. The same is accordingly hereby quashed..(iii) All steps and decisions taken by the Arunachal Pradesh Legislative Assembly, pursuant to the Governor’s order and message dated 9.12.2015, are unsustainable in view of the decisions at (i) and (ii) above. The same are accordingly set aside..(iv) In view of the decisions at (i) to (iii) above, the status quo ante as it prevailed on 15.12.2015, is ordered to be restored.”.The controversy began when 20 MLAs of Congress rebelled against Chief Minister Nabam Tuki. The Arunachal Pradesh Assembly had passed a resolution to ‘impeach’ the Speaker Nabam Rebia by a voice vote and signed consent of 33 members – including 20 rebel Congress MLAs, 11 of BJP and two Independents – was obtained, an exercise that Rebia called a “mockery of democracy”..The Governor, on December 9, had advanced the date of the assembly session by a month to December 16, 2015 and had listed the removal of the speaker as the agenda for the day. Rebia had moved the apex court after the Itanagar Bench of the Gauhati High Court decided to uphold the actions of the governor..When the case came to the Supreme Court, a Bench comprising Justices JS Khehar and C Nagappan had said that the matter pertained to Constitutional provisions on the rights of the Governor, Speaker and Deputy Speaker and had referred it to a Constitution Bench..With this decision, the Nabam Tuki-led Congress rule stands restored in the State..Read the full judgment below.

Supreme Court restores status quo in Arunachal, Congress govt. reinstated [Read judgment]

Bar & Bench

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