The Centre on Tuesday decided to approach the Uttarakhand High Court to appeal against the single judge’s order directing a floor test in the Uttarakhand Assembly which is still in suspended animation since Sunday night when President’s Rule was imposed in the State.
Meanwhile, in a rare development, the Budget Session of Parliament was on Tuesday evening prorogued to enable the Government to issue an Ordinance for authorising expenditure beyond April one in the Centrally-ruled Uttarakhand in view of the political crisis in the State.
led by Attorney-General Mukul Rohatgi, the Centre will approach the Division Bench to strike down Tuesday’s order passed by Justice UC Dhyani on the ground that a Proclamation under Article 356 imposing President’s Rule cannot be stayed or bypassed by any court. This has been laid down in the landmark decision of SR Bommai case (1994).
The only power available to the Constitutional Courts in such circumstances is to first hear the Centre, be satisfied on whether to entertain a challenge to the President’s Rule and proceed to decide on the Notification issued by Centre, said Government sources.
According to the appeal to be filed by Centre, the biggest flaw in the HC decision has been to direct a floor test in the Assembly which is in suspended animation on account of Presidential Proclamation. Government sources said that the HC order seeks to indirectly achieve what otherwise cannot be achieved as under suspended animation, even the right available to the Governor to summon a Session of the Assembly stands suspended.
At best, the appeal has argued that the HC in the interim could only stay any fresh election in the interregnum of deciding the challenge to President’s Rule so as to not meet an irreversible fate. The HC interestingly notes in its order, “Coming to the interim relief application, there is no question of staying the effect of Proclamation under Article 356 of the Constitution of India at this stage.” However, it goes on to pass the order claiming that it can do so under the power of judicial review.
In another development, a decision to prorogue Budget Session of Parliament was taken at a meeting of the Cabinet Committee on Parliamentary Affairs chaired by Home Minister Rajnath Singh following questions over the status of the Appropriation Bill which was declared as passed by the Speaker of Uttarakhand Assembly under controversial circumstances.
The Budget Session, which began on February 23, has been in recess since March 16 and was to meet again on April 25. With only two days left, the Government would not have been in a position to issue an Ordinance for drawing funds from the Consolidated Fund to enable the State to meet its expenditure needs beyond April 1 since it is under President’s Rule.
After the CCPA meeting, Parliamentary Affairs Minister M Venkaiah Naidu met President Pranab Mukherejee to brief him about the decision taken in the CCPA as well as developments that took place in Uttarakhand. The President issued the order late in the night.
Under Article 357(1)(c) of the Constitution the President can authorise, when the House of the People is not in session, the expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament. For this the House of the People that is the lok Sabha has not to be in the midst of a session. Once the President prorogues the Houses, a fresh session will have to be called.
The CCPA meet also gave its nod for prorogation of Rajya Sabha to enable re-issuing the Ordinance bringing changes in the Enemy Property Act, 1968, which is pending in the Upper House after being passed by the lok Sabha. As per the Constitution, an ordinance lapses after 42 days from the day a session begins unless a Bill to replace it is cleared by Parliament.