Arunachal Pradesh crisis: Guv can’t convene Assembly without CM’s advice, says SC

NEW DELHI: The Supreme Court on Tuesday wondered whether Arunachal Pradesh governor JP Rajkhowa could have convened the state assembly without being so advised by the chief minister.

In prima facie remarks during the hearing of several pleas over the imposition of the President’s rule in Arunachal after a constitutional crisis over defections in ruling party Congress, a bench led by Justice JS Khehar wondered whether the governor could act in his discretion in convening a House.

The Congress has accused the governor, a BJP appointee, of toppling its government. The governor has claimed he had no option but to convene a house session to test the chief minister Nabam Tuki’s majority after the defection of 14 rebel MLAs.

There may be a breakdown in the constitutional machinery if the chief minister, after losing confidence, does not convene the House for a floor test, but the situation had not arisen in the present case, the bench suggested in prima facie remarks during the hearing of several pleas — one challenging disqualification of rebel MLAs by the Speaker, another challenging its subsequent quashing by another rebel MLA, the deputy speaker, and yet another challenging the subsequent presidential proclamation.

The judges on the bench include justices Dipak Misra, MB Lokur, Pinaki Chandra Ghose and NV Ramana, besides Justice Khehar.

The crisis in Arunachal was sparked off with the disqualification of 14 Congress MLAs by Speaker Nabam Rebia on December 15, 2015. This was later stayed by the deputy speaker.

Things came to a pass when the governor advanced a House session to force a floor test, possibly pre-empting any possible constitutional move by the chief minister. The bench prima facie felt that the governor’s move independent of the CM would amount to a violation of the “basic structure” of the Constitution.

Under Article 174 of the Constitution, the governor exercises his power to convene, prorogue or dissolve the house on the aid and advice of the chief minister and his council of ministers. However, the issue of whether the governor is bound by the CM’s advice if he has lost his majority is still a grey area.