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President’s rule should not be revoked : HC tells centre

Uttarakhand: HC assured that the President's Rule will not be rescinded in the state for at least a week

Policy Pulse
Publish Date: Apr 21 2016 3:24PM | Updated Date: Apr 21 2016 3:24PM

President’s rule should not be revoked : HC tells centre

Talking about the Centre, the two-judge bench of the high court said, ''Tomorrow if you revoke President's Rule and invite somebody it will be travesty of justice.''

 

Is government a private party, it asked Rapping the Centre for the haste shown in imposing the President's Rule here, the high court said, ''More than anger we are pained that you can behave like this, how can you be playing with court?.''

 

The two-judge bench of the High Court made these observations while hearing former chief minister Harish Rawat's plea challenging Centre's decision to impose President's Rule in the state.

 

While hearing the matter on Wednesday, the bench had said, ''President of India is not a king who is infallible but can go wrong and that his decision is open to judicial scrutiny.''

 

The court even commented, "Absolute power can spoil anybody's mind. Even the President can go wrong and in such case his decisions can be subjected to scrutiny. Indian courts have the power to scrutinise all orders." 

 

The strong observations from the high court came as a mark of Chief Justice KM Joseph and BN Bisht was hearing outgoing Uttarakhand chief minister Harish Rawat's plea challenging the imposition of President's Rule in Uttarakhand.

 

Rawat's counsel and Congress leader Abhishek Manu Singhvi plead that the Centre's action to impose President's Rule was not permissible on the pretext that the Governor had termed 'controversial' the assembly speaker Govind Singh Kunjwal's approval to a legislation.

 

He said that the President, Governor or the Centre could not decide if the demand for a division of votes (in the assembly) should be accepted or not. This power rested with the assembly speaker, Singhvi said and added that the Governor's report sent to the Centre did not mention any constitutional crisis in the state.

 

The counsel stressed that the majority or otherwise of the government is decided only on the assembly floor.

 

The high court had earlier criticised the Centre during a previous hearing over the imposition of the President’s Rule in Uttarakhand on March 27, a day before a floor test was due to be carried out in the assembly.

 

Uttarakhand was plunged into a political crisis when nine Congress legislators, including former chief minister Vijay Bahuguna, whom Rawat replaced, revolted against the chief minister and turned to the opposition Bharatiya Janata Party (BJP) for support. 

 

In the 70-member assembly, the Congress has 36 legislators, including the nine rebels. The BJP has 28. The other six members, from smaller parties, are said to support the Congress.