Need robust debate on house procedural issues
The Supreme Court's Wednesday decision to continue with President's Rule in Uttarakhand is another cautious measure towards untangling the already complicated politico-legal situation in the hill State. The apex court has also cancelled the floor test that was scheduled for April 29 but at the same time has kept open the option for such a test on a later date. last week, it had stayed the Uttarakhand High Court's verdict on the matter which, having set aside President's Rule and restoring the Harish Rawat Government, would have only added to the complications.
The High Court had issued its verdict based on just one aspect of the case and neglected to engage with the others. For example, it hadn't decided on the opposition of nine rebel MlAs to the money Bill or their contested disqualification, right before a trust vote, by the Speaker, who had also ignored the demand for a division in passing the money Bill. Now, the apex court has said that it will hear arguments from both sides on May 3 and, importantly, has put out a set of seven questions that probe some of the key issues of the case. These relate to the Governor's powers to intervene in Assembly proceedings, the President's power to take note of decisions taken by the Speaker or Assembly proceedings as well as if a delay to hold a floor test can be a viewed as a factor for destabilised democracy, necessitating President's Rule.
Additionally, Attorney General Mukul Rohatgi has also highlighted 14 specific issues including the impact on the Government when a Money Bill doesn't pass or is passed illegally, as was seemingly the case in the Uttarakhand Assembly on March 18. In response, the Bench asked who was to examine if a Bill had been rightly passed and noted that these were procedural matters of the legislature, over which "judicial review is limited". This debate is an important one that is necessary not only so that a just solution can be had to the crisis in Uttarakhand but also to tighten the nuts and bolts of our democracy and ensure that the system works in a transparent and efficient manner.
In the meantime, it would have been helpful if politicians refrain from complicating matters with their high-pitched rhetoric and pointless antics but that is perhaps too much to ask. Congress president Sonia Gandhi has reportedly planned a loktantra Bachaao Yatra from Jantar Mantar to Parliament on May 6 to protest the BJP-led Centre's imposition of President's Rule in Uttarakhand even as the war of words between the two parties continue unabated. On its part, the BJP has underlined that the legislative crisis had its roots in the failures of the Congress Government and that the opposition party is only seeking to deflect blame. In this context, it is difficult to look away from the fact that established opinion held that the Rawat Government had lost the trust of the House. That said, the Centre also needs to exercise caution when imposing President's Rule. In the Uttarakhand case, the Centre is on solid ground and should be able to defend its position in court. However, in the spirit of cooperative federalism, it is besty if the Centre resorts to President's Rule only as a measure of last resort.