Arunachal Pradesh: SC stalls move to install new government

In a huge setback to the Narendra Modi government at the Centre, the Supreme Court on Wednesday stayed the Union Cabinet’s decision earlier in the day to lift Central rule in Arunachal Pradesh to pave the way for a new government led by rebel Congress leader Kalikho Pul. A five-judge Constitution Bench of Justices J.S. Khehar, Dipak Misra, Madn B. Lokur, Pinaki Chandra Ghose and N.V. Ramana directed the Centre to maintain the “status quo” in the state as of Wednesday. The bench, after hearing senior counsel Fali S. Nariman and Kapil Sibal, also summoned the records pertaining to the original disqualification proceedings initiated by then Speaker Nabam Rebia. The senior counsel urged the court to stay the Cabinet’s decision to revoke President’s Rule.

It said: “The records pertaining to the proceedings conducted by then Speaker Nabam Rebia under the 10th Schedule (anti-defection law) for disqualification of 14 MLAs held on 14-12-2015 and 15-12-2015 shall be produced in this court at the earliest by the secretary of the Legislative Assembly, Arunachal Pradesh, in whose official custody it is available. As some part of the records is with the high court of Gauhati and kept in a sealed cover, the registrar-general of the high court is to ensure that the sealed records of the disqualification proceedings is produced at the earliest. In the meantime, the parties before this court are directed to maintain the status quo.”

Earlier on Wednesday, the Cabinet, at a meeting chaired by Prime Minister Narendra Modi, recommended lifting of President’s Rule in Arunachal Pradesh, after Tuesday’s Supreme Court order that declined to restrain the governor from swearing in a new government in the state.

The Cabinet recommended to the President that Central rule, imposed in the state January 26, be revoked, taking note of the claim made on February 15 by 31 MLAs, led by Mr Kalikho Pul, before the governor to stake claim for forming the next government. He was accompanied by 19 rebel Congress MLAs along with 11 BJP legislators and two Independent members.

On Tuesday, attorney-general had Mukul Rohatgi had forcefully argued against the court’s intervention on the ground that it was beyond its judicial scope to interfere at this stage and had asserted the government would revoke President’s Rule and herald a new government. Any such decision could be a subject to judicial challenge at a later staged, he had argued. This was accepted and the court refrained from passing any order. But on Wednesday, after the Cabinet decision, the bench stayed the formation of a new government.

Mr Nariman and Mr Sibal strenuously argued Wednesday that despite the matter being heard by this court, the Union Cabinet had decided to revoke President’s Rule and the formation of a new government was imminent if the court did not stay it. The arguments will continue on Thursday.