Arunachal Pradesh Verdict: Opposition gloats after Modi govt suffers third major legal setback

Today's Supreme Court order restoring the Nabam Tuki-led Congress government in Arunachal Pradesh is the third major legal setback for the Narendra Modi government in the last over two years. Before today's verdict, the apex court order revoking President's Rule in Uttarakhand in May and another judgement in October last striking down a law which sought to give executive a say in judicial appointments are the two other major legal setbacks the government has received.

On October 16 last, the apex court had struck down the National Judicial Appointments Commission Act passed by Parliament unanimously. The law, along with a constitutional amendment, had sought to overturn the over two-decade-old collegium system of judges appointing judges.

This was perhaps the first major legal blow to the government which had wanted a say in judicial appointments. In May, the apex court had ordered a fresh floor test in Uttarakhand Assembly that led to the return of the Congress government headed by Harish Rawat and lifting of the President's Rule imposed on March 27.

The development had come as a major loss of face for the Modi government which had dismissed the Congress government and imposed President's Rule after nine Congress MLAs sided with the BJP on the Appropriation Bill. The rebel MLAs were subsequently disqualified by the Speaker under the anti-defection law, a decision that was upheld by the High Court and not interfered with by the Supreme Court.

The Supreme Court today ordered restoration of the Congress government in Arunachal Pradesh by quashing all decisions of the Governor that had precipitated its fall in January, holding them "violative" of the Constitution.

The apex court's verdict paves the way for the return of its dismissed government headed by Nabam Tuki.

Opposition hits out at Modi govt

Opposition hit out at the Modi government over the Supreme Court's verdict on Arunachal Pradesh with Congress President Sonia Gandhi saying it will deter it from "misuse of power" and AAP chief Arvind Kejriwal calling the order a "tight slap" on its "dictatorial tendencies". Congress also demanded the immediate sacking of Governor Jyoti Prasad Rajkhowa and demanded an apology from all those involved in the decision of toppling the government. 

Government said it will do a "structured examination" of the order and its implications before making a detailed response. Putting up a brave front, BJP tried to deflect the criticism saying the political crisis in the state was an outcome of Congress' internal fight and claimed that the order is not a setback to the party. Top Congress leaders Sonia and Rahul Gandhi targeted Prime Minister Narendra Modi with the party president asserting that those who trampled upon constitutional propriety and democratic norms stand defeated today. 

Rahul Gandhi took a dig at Modi as he thanked the apex court for "explaining to him (PM) what democracy is".  "Those who had trampled upon constitutional propriety and democratic norms have been defeated today. This judgement, that firmly establishes the democratic values enshrined in our constitution, will deter the Union Government from any further misuse of power," Sonia said in a statement.

She also welcomed the "historic" verdict reinstating the "democratically elected and unconstitutionally removed" government.
Former Chief Minister and Congress leader Nabam Tuki, whose government was dismissed, said the order has protected democracy and ensured that justice prevails.
"It paves the way to protect healthy democracy in the country," Tuki said. 

Delhi Chief Minister and AAP chief Arvind Kejriwal also hit out at the government. "SC judgement is yet another tight slap on dictatorial Modi govt. Hope Modi ji would learn and now stop interfering in democratically elected governments," Kejriwal tweeted. 

The apex court ordered that status quo ante that prevailed on December 15, 2015 be restored in Arunachal Pradesh Assembly. The judgement is seen as a major setback to the central government and the BJP, which is extending outside support to the Pul government. Trying to play down the impact on BJP, party's national secretary Shrikant Sharma said,"What happened in Arunachal was an outcome of internal fight within Congress. Its government was reduced to minority after a faction within the party rebelled. We only supported the faction's bid for power from the outside. Congress should not blame us for its internal problems.
"Rahul Gandhi is talking about democracy but he should know that past Congress governments have made a century of the use of Article 356 (of the Constitution) to dismiss state governments."

Uttarakhand Chief Minister Harish Rawat, who had also got relief from the apex court, lauded the verdict.
"My heartfelt gratitude to the Supreme Court for restoring Cong government in Arunachal Pradesh. Judiciary has restored faith of people in democracy," Rawat said in a social media post. 

The government said it will do a "structured examination" of the Supreme Court order restoring the dismissed Congress government in Arunachal Pradesh and its implications before making a detailed response.
However, Law Minister Ravi Shankar Prasad put a poser over developments in the state after December 15, including the withdrawal of President's Rule and Kalikho Pul proving his majority subsequently in the Assembly following the "legislative procedures" and forming the government.

"We are yet to get the order. We will study it in detail... and then make structured response. We will do a structured examination of the order. It requires detailed consideration," Prasad told reporters at the Cabinet briefing.
"We will carefully study the judgement and its implications," he said.
Noting it was "probably the first time" that President's rule imposed by a Central Government has been reversed by Supreme Court, CPI(M) general secretary Sitaram Yechury described the verdict as "very, very big indictment" of the Modi dispensation.

He demanded that Centre take action against those responsible for the "continuous transgressions" of Constitutional structure, first in Uttarakhand and then in Arunachal Pradesh.

"In both the instances (Uttarakhand and Arunachal) the apex court had to intervene the government should learn to curb its authoritarian tendencies which have been increasing in the past and we will demand fixing of accountabilities and consequent action in Parliament," Yechury told reporters.

CPI National secretary D Raja termed the verdict as "slap on government's face and victory of democracy." Congress also demanded a probe into a tape-recorded conversation of some BJP leaders and a businessmen, handed over as proof to the court, for toppling the Arunachal government.

"We want the Governor to submit his resignation immediately and if he does not do so, we will ask for him to be dismissed both outside and inside Parliament. I have heard that Rajkhowa is on leave, he should go on long leave," senior Congress leader Kapil Sibal said.

Meanwhile Arunachal Pradesh Chief Minister Kalikho Pul said that there was no threat to his government as the required numbers are with him and it will be decided on the floor of the Assembly.
Pul, who had led the Congress rebels then, said, "(Our) government will remain. That will be decided on the floor of the Assembly. Government runs only with the numbers.
There is no threat to our government," he told reporters.

He also said that a review petition will be filed in the Supreme Court seeking reconsideration of it verdict.  Terming the verdict as historic, JD(U) spokesperson K C Tyagi said it was "major blow" to the BJP-led central government. "The Supreme Court's decision has exposed the central government's move to impose BJP rule by crushing an elected government. "It had done the same in Uttrakhand to destabilise the Harish Rawat government. It shows BJP's mindset towards cooperative federalism," he said, adding the truth has prevailed.