In a huge setback for the BJP government in Arunachal Pradesh, the Supreme Court on Wednesday restored the Nabam Tuki-led Congress government in the state and quashed Governor Jyoti Prasad Rajkhowa’s decision issued on December 2015 to advance the state Assembly session by a month .
In a unanimous judgment, a constitution bench headed by Justice JS Khehar directed the restoration of the status quo as it existed on 15 December, 2015, directed the manner in which the Assembly proceedings had to be conducted and set aside all the steps and decisions the House had taken, describing them as unsustainable.
The Supreme Court ruling is a historical one as the top court rarely has quashed a Governor’s order. Justice Dipak Misra and Justice Madan B Lokur pronounced concurring judgments giving their additional reasons to agree with Justice Khehar.
The Supreme Court, turned the clock back to the 15 December status quo in Arunacal Pradesh, when the Congress government was still in power. Arunachal Pradesh had been under President’s Rule since 26 January.
On 16 December, the Nabam Tuki government was dismissed in an Assembly session called by Governor JP Rajkhowa. The court said, “All decisions taken by the Arunachal Assembly after 9 December are quashed and unsustainable.”
According to CNN-News18, Union Home Minister Rajnath Singh has called for a high-level meeting after top court’s historic order.
Rajnath is holding the meeting with Union Finance Minister Arun Jaitley, Union Law Minister Ravi Shankar Prasad and Attorney General Mukul Rohatgi.
Delhi: HM Rajnath Singh, FM Finance Minister, Law Minister RS Prasad and AG Mukul Rohatgi hold meeting over #ArunchalPradesh issue.
— ANI (@ANI) July 13, 2016
Flash: Supreme Court quashes order by Arunachal Governor, says restore status quo as of Dec 15, 2015 in Arunachal Pradesh
Flash: Supreme Court quashes order by Arunachal Governor, says restore status quo as of Dec 15, 2015 in Arunachal Pradesh
— ANI (@ANI) July 13, 2016
Discretionary powers of Governor: SC says all decisions taken by Arunachal Assembly after 9 December arr unsustainable.
— ANI (@ANI) July 13, 2016
SC quashed direction of Arunachal Guv pursuing to which Assembly was convened on 16th &17th: Vivek Tankha, Advocate pic.twitter.com/cnGTwI7Psx
— ANI (@ANI) July 13, 2016
Speaking to the media, CM Nabam Tuki called it a historic and remarkable verdict, said, “We have got justice from the Supreme Court. The top court has today saved this country and its Constitution,” he said. He said this will help protect “healthy democracy” in the country.
“According to the judgment, our government has been restored. I’ll go to the state and talk to all the 47 Congress MLAs. We will call a meeting,” he added.
We have got justice from SC, Court has today saved this country & its Constitution: Former Arunachal CM Nabam Tuki pic.twitter.com/OFBvlvfMF5
— ANI (@ANI) July 13, 2016
Speaking to CNN-News 18, Tuki called the BJP vindictive and vengeful and said that the party is dangerous to secular democracy.
He said that the Centre made all efforts to detablise the Congress government in Arunachal Pradesh and on the directions of Modi. Tuki also said that he will meeting the Congress high command and all the MLAs in the party and expressed hope that the rebel MLAs will come back to the party fold.
Congress President Sonia Gandhi welcome the Supreme Court verdict and said those who trampled upon Constitutional and democratic norms have been defeated.
#BREAKING | Welcome Supreme Court's historic verdict reinstating democratically elected govt in Arunachal: Sonia Gandhi #SCRestoresCong
— News18 (@CNNnews18) July 13, 2016
#SCRestoresCong | Those who trampled upon constitutional propriety and democratic norms have been defeated: Sonia Gandhi
— News18 (@CNNnews18) July 13, 2016
#SCRestoresCong | Will continue to fight to strengthen democracy and safeguard federal structure of our country: Sonia Gandhi
— News18 (@CNNnews18) July 13, 2016
Congress vice-president Rahul Gandhi reacted to the landmark judgment and said: “Thank you Supreme Court for explaining to the Prime Minister what democracy is.”
Thank you Supreme Court for explaining to the Prime Minister what democracy is. #ArunachalPradesh
— Rahul Gandhi (@RahulGandhi) July 13, 2016
Uttarakhand Chief Minister Harish Rawat said that the Apex Court’s decision is a big boost to federalism as Presidential powers were misused in Uttarakhand and Arunachal Pradesh.
#EXCLUSIVE It's a big boost for cooperative federalism.Presidential powers were misused in U'khand & Arunachal: Harish Rawat #SCRestoresCong
— News18 (@CNNnews18) July 13, 2016
#EXCLUSIVE | Supreme Court has done a great job, it will boost the federal structure: Harish Rawat to CNN-News18 #SCRestoresCong
— News18 (@CNNnews18) July 13, 2016
Senior Congress leader Kapil Sibal hailed Supreme Court quashing the Governor’s order and said that the top court deserved a salute for Wednesday’s ruling.
SC has upheld constitutional values, it has upheld concept of constitutional integrity. I must salute SC: Kapil Sibal #ArunachalPradesh
— ANI (@ANI) July 13, 2016
Theres a constitutional authority,the SC, that is going to protect our values,this message should go out:Kapil Sibal pic.twitter.com/NjgSyqMrhR
— ANI (@ANI) July 13, 2016
That message will inform Govt that they shouldn't take steps of this nature and conspire to destabilise constitutionally elected govts:Sibal
— ANI (@ANI) July 13, 2016
Addressing the media on Wednesday, Sibal said, “This day will be remembered as a golden day in history. Judiciary is the only thing that can protect our Constitution. No Governer can order to prepone the Parliament session.Nabam Tuki will remain the Chief Minister of Arunachal Pradesh. We demand that the Governor should be sacked.He should go on a permanant leave. Everyone involved in the decision (to impose President’s rule) should clarify and apologise. Never before in the history of this country the Supreme Court has restored status quo ante.”
However, BJP denied the fact that it was a “setback” for the party. Speaking to media, BJP national secretary Srikant Sharma, said, “What happened in Arunachal Pradesh was due to internal conflicts. It’s wrong to hold BJP responsible for the problems in the North Eastern state.” The Centre’s counsel refused to comment but sources told Hindustan Times said the Union government will likely file a review petition in the top court.
No setback for BJP in #ArunachalPradesh, this crisis occurred due to internal conflicts within Congress: BJP
— ANI (@ANI) July 13, 2016
Discretionary powers of Governor: SC says all decisions taken by Arunachal Assembly after 9 December arr unsustainable.
— ANI (@ANI) July 13, 2016
SC quashed all notifications of 9th December issued by Arunachal Governor, restored status quo ante as on 15th Dec: Vivek Tankha, Advocate
— ANI (@ANI) July 13, 2016
From now on Guvs won't work as Central Govt's agents&will abide by Constitution-KC Mittal,AICC Legal Head #Arunachal pic.twitter.com/NewEdnqtDG
— ANI (@ANI) July 13, 2016
A historic & remarkable judgement which was expected by the people of country:Former #ArunachalPradesh CM Nabam Tuki pic.twitter.com/s41oiMMMaw
— ANI (@ANI) July 13, 2016
Will hold discussions with party MLAs & decide further course of action, we'll do whatever is required legally: Nabam Tuki #ArunachalPradesh
— ANI (@ANI) July 13, 2016
A welcome judgement by SC. We're pleased that our Govt has been reinstated: Ninong Ering, Cong #ArunachalPradesh pic.twitter.com/CCRxQ5Ctu8
— ANI (@ANI) July 13, 2016
Our friends who've been misled or have some differences should come back&we should once again form Govt-Ninong Ering,Cong #ArunachalPradesh
— ANI (@ANI) July 13, 2016
Delhi Chief Minister Arvind Kejriwal also reacted to the news and said: “Do baar SC se itna zabardast tamaacha laga hai Modi sarkar ko, pehle Uttarakhand mein aur ab Arunachal Pradesh mein.”
Do baar SC se itna zabardast tamaacha laga hai Modi sarkar ko, pehle Uttarakhand mein aur ab #ArunachalPradesh mein: Arvind Kejriwal
— ANI (@ANI) July 13, 2016
Modi ji neither has faith in Constitution nor people's mandate. He wants to run this country with dictatorial attitude-A Kejriwal #Arunachal
— ANI (@ANI) July 13, 2016
Hope Modiji learns from this & respects Govts elected by ppl of nation. Hope he'll let Delhi Govt function: Kejriwal pic.twitter.com/kZIclA7cuP
— ANI (@ANI) July 13, 2016
Appealing to party leaders who ‘defected to the other side’ to return to Congress, Tuki in a series of tweets, said: “Supreme Court ruling has made it clear that Khaliko Pul was running an illegal, unconstitutional government and the defected party members should realise this.”
Khaliko Pul was running an illegal, unconstitutional government that has been made clear by the Supreme Court ruling today. @INCIndia
— Nabam Tuki (@NabamtukiAP) July 13, 2016
I appeal to my old colleagues to come back to the party and work for the real development of #ArunachalPradesh.@INCIndia
— Nabam Tuki (@NabamtukiAP) July 13, 2016
As earlier mentioned in his tweet, Tuki arrived at 10 Janpath to meet Congress president Sonia Gandhi and all the Congress MLAs.
Delhi: Nabam Tuki arrives at 10 Janpath to meet Congress President Sonia Gandhi #ArunachalPradesh pic.twitter.com/MA9xuN9dzv
— ANI (@ANI) July 13, 2016
I'll go to the state and talk to all the Congress MLAs. We will call a meeting.@INCIndia @yuvadesh #ArunachalVerdict
— Nabam Tuki (@NabamtukiAP) July 13, 2016
The Supreme Court decision is a huge embarrassment for the BJP-led Union government as it is the second time in recent months that the party has faced a setback over imposing President’s Rule. Before Arunachal Pradesh, it was Uttarakhand where the Narendra Modi-led central government ordered President’s Rule, following which Congress rebels formed the government with support from the saffron party. But the Supreme Court restored the state assembly in Uttarakhand before 9 December when the new session was called – which means the dismissal of the Congress government, President’s Rule and the new administration were declared invalid.
Earlier this year, the Supreme Court clamped central rule in Uttarakhand after nine Congress MLAs rebelled against Chief Minister Harish Rawat, triggering a prolonged court battle. But the courts ruled in favour of the Congress and Rawat won a crucial floor vote.
In Arunachal Pradesh, the Congress, which has 47 MLAs in the 60-member Assembly, suffered a jolt when 21 of them rebelled. Eleven BJP MLAs backed the rebels in a bid to upstage the Nabam Tuki government. Later, 14 rebel Congress MLAs were disqualified.
In the dramatic developments that followed, the Governor advanced the state assembly session, in which opposition legislators, along with the rebels, “removed” Tuki and Speaker Nabam Rebia. The session was held in a community centre and a hotel as the assembly building had been locked on the Speaker’s orders.
The Governor had justified his action saying he believed that a “biased” Speaker would act in support of Chief Minister Tuki even though he had lost his majority. The Governor then called Assembly session on 16 December in which Deputy Speaker revoked disqualification of 14 rebel Congress MLAs and removed Rebia from the post of Speaker.
Arunachal Pradesh on 26 January, 2016 came under central rule with President Pranab Mukherjee giving assent to the Union Cabinet’s recommendation on such a course following political instability in the state.
With inputs from agencies