Budget Session ended to let Prez sign ordinance.
Budget Session ended to let Prez sign ordinance.
Two days after President’s Rule was imposed in Uttarakhand, the state high court on Tuesday ordered a floor test in the Assembly on March 31. While the Congress said it was “satisfied” with the order of the Uttarakhand high court on chief minister Harish Rawat’s petition challenging President’s Rule, the BJP hailed the order as a “victory” of its stand, noting the court allowed the “disqualified” MLAs to vote in the floor test. Legal heads of both the Congress and BJP were brainstorming on the court’s order till late Tuesday to prepare their next course of action.
While the Centre may challenge the verdict before a high court division bench on Wednesday, the Congress is also planning to approach the division bench on that part of the ruling that deals with the disqualified MLAs. Uttarakhand governor K.K. Paul had earlier asked CM Rawat to prove his majority by March 28 after nine rebel Congress MLAs had sided with the BJP against the Appropriations Bill but President’s Rule was imposed a day before the floor test.
In another development, Parliament’s Budget Session was prorogued Tuesday to let the Centre issue an ordinance authorising expenditure beyond April 1 in Uttarakhand in view of the political crisis in the state. The Uttarakhand governor earlier spoke to Union home secretary Rajiv Mehrishi on the latest developments. Consultations are on at the highest level at the Centre and various options are being discussed, sources said.
Though the court allowed the nine rebel Congress MLAs to take part in the vote, their votes will be kept separate and will be subject to the final outcome of the petition challenging the disqualification by Speaker Govind Singh Kunjwal.
There was, however, no clarity on whether, by ordering the floor test, President’s Rule imposed in the state on Sunday was stayed or not, and whether the dismissed Harish Rawat government had been restored. The court said it was giving a “non-invasive, non-prejudicial relief” in the writ petition filed by dismissed CM. Justice U.C. Dhyani also directed that the result of the confidence vote be kept by the Speaker in a sealed cover and submitted or intimated to the court at the earliest and in any case by the morning of Friday, April 1. The court posted the matter for further hearing at 2 pm on that day.
Top Supreme Court lawyer and Congress leader Abhishek “Manu” Singhvi said the votes of the disqualified MLAs will be taken into account subject to the final outcome of the case. Mr Singhvi had appeared for sacked CM Harish Rawat, who challenged the imposition of President’s Rule and demanded its immediate quashing. Mr Singhvi said the court accepted the Congress’ position that despite President’s Rule, there was enough scope for judicial review to allow a floor test, which was sought by it.
Arguing on behalf of the Centre in the court, additional solicitor-general Tushar Mehta said that nullifying the presidential promulgation was “impermissible”. He said there were enough grounds for imposition of President’s Rule in the state in view of the failure of the constitutional machinery.
Welcoming the court’s order, Mr Harish Rawat said it was a “tremendous setback” for the Centre, which was trying to bring “authoritarianism”. The high court has also ordered the Uttarakhand DGP to ensure security in the 71-member Assembly when the floor test is conducted on Thursday.
The Congress claims it has the support of its own 27 MLAs along with six PDF legislators and one dissident BJP MLA. Nine rebel Congress MLAs are supporting the BJP, which has 27 legislators.
In New Delhi, Congress leader Ambika Soni welcomed the high court decision on the floor test but said the party was considering legal opinion on approaching the division bench against allowing disqualified rebel MLAs to take part in voting. The rebels had voted with the BJP against the Appropriations Bill on March 18, which the Speaker declared as passed, ignoring the demands for a division.
After this, Speaker Govind Singh Kunjwal issued notices to the nine rebel Congress MLAs under the anti-defection law on why they should not be disqualified. The BJP said it was still studying the ruling while some of its leaders said the Centre will appeal against the order.
In Dehradun, Mr Rawat said the Congress’ fight is against the powers that are out to demolish constitutional bodies and such powers had got a “tremendous setback” after the court’s order. He said Uttarakhand had already suffered a “jolt” and “deep wounds” in the form of defections but other Opposition-ruled states will be saved from the Centre’s designs.
In New Delhi, the decision to prorogue Parliament’s Budget Session was taken at a meeting of the Cabinet Committee on Parliamentary Affairs chaired by home minister Rajnath Singh. The session, which began on February 23, had been recess since March 16 and was to meet again on April 25. Uttarakhand’s Appropriations Bill was declared as passed by the Speaker in the Assembly in controversial circumstances, and has not received the governor’s assent. With only two days left, the Centre would not have been in a position to issue an ordinance to draw funds from the Consolidated Fund to enable the state meet its expenditure needs beyond April 1 as it is under President’s Rule.
After the CCPA meeting, parliamentary affairs minister M. Venkaiah Naidu met President Pranab Mukherejee to brief him on the Cabinet committee’s decision as well as on developments in Uttarakhand. The President issued the order late on Tuesday night.
Under Article 357(1)(c) of the Constitution, the President can authorise, when the House of the People is not in session, expenditure from the Consolidated Fund of a state pending sanction of such expenditure by Parliament. For this, the Lok Sabha should not be in session. Once the President prorogues the Houses, a new session will have to be called. Government sources indicated Tuesday night that a new session is likely to be called on April 25, the same day the second part of the Budget Session was due to begin.
