The Supreme Court on Monday refused to pass any orders declaring the recent swearing-in of Arunachal Pradesh Chief Minister Kalikho Pul as illegal but warned that it could turn the “clock back” since the last word on the Governor’s power to unsettle an elected Government in the State is still pending.
Reserving orders on the Governor’s power to call an early Session of the Assembly leading upto the dismissal of former Chief Minister Nabam Tuki on January 26, the five-judge Constitution Bench was unperturbed by the recent political activities in the State. Referring to past apex court decisions, the Bench assured the ousted Congress Government that it was capable to “set the clock back”.
“I think you all know that we can put things back,” said the Bench, reacting to urgent appeal by senior advocates Fali Nariman and Kapil Sibal to call in question the swearing-in of Kalikho Pul, a rebel Congress MlA as the Chief Minister. Nariman went to the extent to state that if such decisions were permitted, it will be a perfect tool for political parties to illegally wrest control in a State.
The Bench of Justices JS Khehar, Dipak Misra, Madan B lokur, PC Ghose and NV Ramana said, “We can’t get into all this. We should not do this, but this court has the power to set things right. This court has done this before. If we agree with you, we can set the clock back. let them do whatever they want to.”
The court understood that the task before it did not pertain to the issues in Arunachal Pradesh alone but a constitutional issue which has bearing on all States. “The verdict is going to affect every State. This will set a precedent,” the Bench reminded the two senior lawyers, when they pressed for an interim order.
It is understood that once the court decides on the Governor’s power to issue orders to advance the Assembly Session, it may then take up the other set of petitions challenging the recommendation by Governor to impose President’s Rule in the State followed by the actual presidential promulgation that placed the Assembly in suspended animation and allowed Governor to dismiss the Tuki Government.
The Bench then said that according to it, tentatively, everything will go if it did not agree with the contentions of Governor and rebel MlAs, and if it agrees, then everything will be as it is.