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Wrap-up: Court orders democracy

In a dramatic turnaround in Arunachal Pradesh, the Congress replaced Chief Minister Nabam Tuki by choosing a new leader Pema Khandu.

In a dramatic turnaround in Arunachal Pradesh, the Congress on Saturday replaced Chief Minister Nabam Tuki by choosing a new leader Pema Khandu, who staked claim to power on the basis of support of 45 party MLAs along with two Independents.

Earlier, this week, in a major political setback to the BJP and the Centre, the Supreme Court had on Wednesday said that the “clock should be turned back” and ordered the Congress government of Nabam Tuki in Arunachal Pradesh restored by quashing all decisions of the governor that had precipitated its fall in January, holding them violative of the Constitution.

Here is more on what the court said in its verdict:

Role of the Governor
The Governor does not have power to advance the Assembly session without the aid and advice of Chief Minister and his council of ministers. If the Governor had any doubt about the majority of Nabi Tuki government, the best course is he should have ordered a “floor test” which he did not do.

Speaker is supreme
The Governor cannot direct the Speaker as to how the proceedings should be conducted and fix the agenda for the House, viz to take up the resolution for removal of Speaker as the first item.

Stay aloof
The bench held that it is not within the realm of the Governor to embroil himself in any political thicket. The Governor must remain aloof from any disagreement, discord, disharmony, discontent or dissension, within individual political parties.
The activities within a political party, confirming turbulence, or unrest within its ranks, are beyond the concern of the Governor. The Governor must keep clear of any horse-trading, and even unsavoury political manipulations, irrespective of the degree of their ethical repulsiveness.

DC Take: Federalism is an integral part of democracy. It is often observed that with a change in the regime at the Centre, Governors, considered the President’s representative in states, are changed. Similarly, even the state governments face some kind of hostility. Proof of the pudding is what happened first in Uttarakhand and then Arunachal Pradesh. A democratically elected government, even if of a rival party, deserves its due respect. Also, the Supreme Court verdict on Arunachal has clearly said that the governor, come what may, has to remain aloof of all the political happenings.

( Source : Deccan Chronicle. )
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