Congress leaders on Monday mentioned before the Supreme Court that they have learnt of a recommendation of Arunachal Pradesh Governor J.P. Rajkhowa to lift the President’s Rule in the State.
Senior advocates Fali S Nariman and Kapil Sibal, who represent former Chief Minister Nabam Tuki, former Speaker Nabam Rebia and others, said there was a plan to swear in a new government in the State.
Mr. Nariman told a five-judge Constitution Bench headed by Justice J.S. Khehar that they have filed a fresh application in this regard as there is “apprehension” that the Centre and the Governor may go ahead with the plan.
The Supreme Court on Thursday questioned Governor J.P. Rajkhowa’s authority to concern himself with the Assembly Speaker’s powers to disqualify legislators.
The Governor has no role to play in issues prescribed in the Tenth Schedule (anti-defection provision) of the Constitution, the Bench had observed.
“Democracy is a basic structure of the Constitution and if some decisions are anti-democratic, it is the subject matter of judicial review,” the Bench said.
