Congress moves SC against President rule in Arunachal Pradesh

The Congress party on Monday moved the Supreme Court challenging Union Cabinet’s recommendation for imposition of President’s Rule in Arunachal Pradesh, which has been witnessing a political crisis. “We have filed the petition before the apex court registry,” Congress leader and senior advocate Vivek Tankha said. He said the petition has been filed by the state Congress Chief whip Bamang Felix and an urgent hearing has been sought. 

“We are waiting to hear from the Deputy Registrar who will place the petition before the Chief Justice of India,” another lawyer said. In the petition, there has been a challenge to the report and the recommendation of the Union Cabinet for promulgation of President’s Rule in the state. “We will fight it in the Court and let the people decide, said Arunachal Pradesh CM Nabam Tuki, just before the Congress filed the plea. 

Senior Congress leader Kapil Sibal said that they have submitted a memorandum to the President to look into the matter. The filing of the fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh. However, Union Home Minister Rajnath Singh is expected to meet President Pranab Mukherjee to explain the Cabinet’s decision.

In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court. It was also alleged that the Governor had advanced the assembly sitting from January 14 to December 16 without the aid and advice of the Chief Minister and his council of ministers. 

Meanwhile, Assam Chief Minister Tarun Gogoi on Monday said the Centre had violated the “Constitutional propriety” and the “very spirit of cooperative federalism” by recommending President’s Rule in Arunachal Pradesh. “The Cabinet nod on dissolution of Arunachal Assembly and recommendation of President’s Rule is a gross violation of the Constitutional propriety and the very spirit of cooperative federalism,” Gogoi said. 

Congress, which has 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of them rebelled last year. Eleven BJP MLAs backed the rebels in the bid to upstage the Nabam Tuki government.