President's rule in Arunachal

Pradesh: What actually that led to

this situation
Last Updated: Wednesday, January 27, 2016 - 1

Zee Media Bureau

New Delhi: Arunachal Pradesh on Tuesday came under central rule as
President Pranab Mukherjee gave his assent to the Union Cabinet's
recommendation on such a course following political instability in the state. President
Mukherjee signed the proclamation two days after the cabinet held an unscheduled
meeting on Sunday to recommend that the northeasten border state be brought
under central rule.
Here is what actually led to the President's rule:6 months lapsed between 2 sessions of the state Assembly
- According to Minister of State for Home Kiran Rijiju, the cabinet was forced to take
the decision because of a Constitutional breakdown as six months had lapsed
between two sessions of the state Assembly.
How it all began?
- Arunachal Pradesh has been rocked by a political crisis since December 16 last
year when 21 rebel Congress MLAs joined hands with 11 of BJP and two
independents to 'impeach' Assembly Speaker Nabam Rebia at a makeshift venue, in
a move branded as "illegal and unconstitutional" by the Speaker.
- Up in arms against Chief Minister Nabam Tuki, 21 rebel party MLAs, including 14
disqualified a day before, with the help of BJP and independent legislators,
congregated at a community hall after the state Assembly complex was 'sealed' by
the local administration, and 'impeached' Rebia in an impromptu session chaired by
Deputy Speaker T Norbu Thongdok.
- 27 MLAs in 60-member Assembly, including the Chief Minister and his ministerial
colleagues, boycotted the proceedings.

- A day later, in a bizarre turn of events, opposition BJP and rebel Congress MLAs
congregated in a local hotel to "vote out" Chief Minister Nabam Tuki and to "elect" a
rebel Congress MLA in his place but the Gauhati High Court intervened to keep in
"abeyance" decisions taken at the rebel "session".
No-confidence motion
- A "no confidence" motion moved by BJP MLAs and Independent MLAs was
"adopted" with Deputy Speaker T Norbu Thongdok, who is also a rebel
Congressman, in the Chair. A total of 33 members in the 60-member house,
including 20 dissident Congress MLAs, later "elected" another dissident
Congressman Kalikho Pul as the new "chief minister" of the state.
CM wrote to PM Modi; impact on RS
- The Chief Minister had also written the President and Prime Minister Narendra
Modi seeking their intervention to "uphold" the Constitution in the face of the
"unprecedented murder" of democracy and "bypassing" of a democratically- elected
government by the Governor.
- Angry over the Governor's action in calling a session of the Assembly bypassing the
government, the Congress had paralysed the Rajya Sabha for two days during the
winter session.
What did the courts say?
- In the High Court, Justice Hrishikesh Roy observed prima facie the Governor's
decision to advance the Assembly session to December 16, 2015 for taking up the
impeachment proceedings against the Speaker was in "violation of Article 174 and
175 of the Constitution.
- The Supreme Court has referred a batch of petitions on the Arunachal Pradesh
crisis to a Constitution Bench.
- Rebia, who has challenged in Gauhati High Court various decisions of the
Governor and Deputy Speaker including his removal from the Speaker's post, had
alleged that the High Court's Acting Chief Justice had "erroneously rejected" his plea,
filed on the judicial side, in administrative capacity. He had also sought recusal of
Justice B K Sharma from hearing his plea.

- Rebia was removed from the post of the Speaker by 14 rebel Congress MLAs,
disqualified by the Speaker, and BJP MLAs on December 16 in an assembly session
presided over by the Deputy Speaker in a Community Hall in Itanagar. The Deputy
Speaker, before removing Rebia from Speaker's post, had also quashed the
disqualification of the rebel Congress legislators.
- Another bench of the High Court later overturned Justice Roy's order and dismissed
the Speaker's petition.
Statement by Union Home Ministry
- Later, a statement from the Union Home Ministry said the President has signed a
Proclamation under Article 356 (1) of the Constitution, imposing President's Rule in
relation to the state of Arunachal Pradesh and keeping the Legislative Assembly of
the state in suspended animation with effect from January 26, 2016.
---Meanwhile, the Supreme Court decided to hear on January 27 the Congress plea
challenging the Cabinet decision.
The petition seeking urgent hearing was mentioned before Chief Justice T S Thakur,
at his residence, who directed the matter to be listed for hearing on Wednesday. The
Union Cabinet's decision was based on state Governor Jyoti Prashad Rajkhowa
report.

Why Presidents rule has been

imposed in Arunachal Pradesh
1

After crisis- ridden Arunachal Pradesh was brought under the Presidents
rule following President Pranab Mukherjees assent to the cabinet
recommendation, the Supreme Court yesterday issued a notice to the
Central government on the imposition of Presidents rule in the state,
seeking a reply by January 29.

While hearing the plea of Congress challenging the Union Cabinets

recommendation for the state to be put under Presidents rule, the apex
court also asked the counsel for Arunachal
Pradeshs Governor J P Rajkhowa to furnish immediately the report that
led to imposition of Presidents rule.
The Supreme Court has fixed the next date of hearing on February 1.
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.
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 Governors power to convene the
assembly session without the aid and advice of the government for
adjudication by the apex court.
In his Facebook post, Union Minister of State for Home Kiren Rijiju
slamming Congresss foul cry over the Presidents rule explained why it
has been imposed: