Arunachal crisis: House can’t be summoned at Governor's whims, says SC

NEW DELHI: The Supreme Court on Monday said that a state Governor cannot summon the House at his “whims and fancies”, wondering aloud on the need for Arunachal Governor JP Rajkhowa to advance the House session to test the majority of the Nabam Tuki government after a row over disqualification of 14 rebel Congress MLAs.

The Governor could convene the House on his own if the House business involved a trust motion moved by the opposition against the Chief Minister, a Constitution bench, comprising Justices JS Khehar, Dipak Misra, Madan B Lokur, Pinaki Chandra Ghose and NV Ramana, conceded. But this case was different as the House agenda was only confined to the Speaker’s removal.

“But there is something serious. The Governor has never contested that the government does not enjoy the confidence of the House…. The main issue is only about Speaker,” Justice Khehar observed. “You cannot ask for it on whims and fancies,” he said. The bench observed that there was no compelling reason to advance the House session from Jan 16, 2016, to Dec 14, 2015. It also wondered whether any member could suddenly accuse the CM of losing the confidence of the House.

“There must be some procedure. Somebody can’t just get up and say I will move a no-confidence motion. Supposing House is summoned on Jan 14… and the Speaker is removed, can there be another floor test in the House saying it has lost confidence in the CM?”

Further arguments in the case will continue on Tuesday.