In a major setback for the BJP-led Government at the Centre, the Uttarakhand High Court on Thursday quashed imposition of President’s Rule in the State and ordered a fresh floor test on April 29. Saying the imposition of the President’s Rule was contrary to the law laid down by the Supreme Court, a Division Bench of the High Court comprising Chief Justice KM Joseph and Justice VK Bist ordered that “Status quo as on date of proclamation of President’s Rule be restored and the Harish Rawat-Government will revive.”
The court directed Harish Rawat to seek a vote of confidence in the Assembly on April 29.
The court also reprimanded the dissident Congress MlAs, calling their action to break ranks as ‘Constitutional sin’ and commented that they must face the music, an observation that raises question in the legal and political circles over whether this is meant to influence the ruling of the single bench that is now dealing with the matter.
Delinking the imposition of Central rule with the matter pertaining to the rebel MlAs, the court said, “The fate of nine Congress MlAs was entirely irrelevant and extraneous to imposition of President’s Rule in the State.” It is learnt that the court was thinking in terms of reserving its ruling, but the possibility of the Centre revoking the Central Rule to pave way for the installation of a BJP-led Government before the court pronounced its ruling as raised by the lawyers representing Harish Rawat prodded the court to change mind and go for the ruling on Thursday itself.
Significantly, the Chief Justice said, “If they (the Centre) revoke Article 356 and try and form a Government what is it but a travesty of justice.” The strong words of the court came after the Centre’s counsel said it was not in a position to assure that the Centre would not consider recalling its order of imposing President’s Rule for a week.
After the order was given, Additional Solicitor General (ASG) Tushar Mehta who represented the Centre in the court said that they were discussing it with the Attorney General and they might move the Supreme Court.
Earlier, the court had given enough hints to the Centre saying that it could revoke the imposition of President’s Rule and ensure a floor test be held.
Importantly, the Bench censured the Centre on Thursday, observing, “Otherwise you can do this in every State. Impose President’s Rule for 10-15 days and then ask someone else to take oath. More than angry, we are pained that you are behaving like this. That the highest authority — Government of India — behaves like this.
How can you think of playing with the court.”
“What if we allow the petitionIJ Then things would go back to what it was prior to the President’s Rule and the State Government will only have to prove majority by way of floor test,” the Bench observed, adding that it was pained with the Centre ‘acting like a private party’ instead of being an impartial authority.
The court said, “The Centre acted in ‘blatant falsehood’ while it accused the Uttarakhand Speaker of ‘double standards’.” Rejecting the Centre’s plea for a stay, the court said, “We won’t stay our own judgment. You can go to Supreme Court and get it stayed.”
Meanwhile, an upbeat Harish Rawat on Thursday made it clear that his Government does not want to pursue a confrontationist path with the “mighty, powerful and broad-chested” Centre, asking it to work in a spirit of cooperative federalism. Hailing the Uttarakhand HC verdict, Rawat said the Modi Government should forget the recent developments and cooperate.
The Congress, on the other hand, sought an apology from Prime Minister Narendra Modi and BJP president Amit Shah after the Uttarakhand High Court ruling.
“They must realise that power is available only through democracy and not through Article 356,” said Congress spokesman Abhishek Singhvi, adding that the action by the Modi Government in Uttarakhand was unprecedented.
An elated Congress said, “The verdict is a slap on face of BJP for trying to dislodge an elected Government.”