Shiv Sena accuses BJP of ‘strangling democracy’
Shiv Sena accuses BJP of ‘strangling democracy’
NDA ally Shiv Sena on Wednesday joined ranks with the Opposition to accuse the BJP of “strangling democracy” and creating political instability in Uttarakhand, where a division bench of the Uttarakhand high court stayed till April 7 the floor test in the Assembly due on Thursday. Welcoming the high court’s order, the BJP said it has offered clarity and lifted the uncertainty caused by the order of a single judge of the court on Tuesday.
An editorial in the Shiv Sena mouthpiece Saamana hit out at the BJP, accusing it of “strangling democracy” by using nine rebel Congress MLAs to bring about instability in the Uttarakhand government.
In New Delhi, the Union Cabinet gave its approval for an ordinance to be issued authorising expenditure after April 1 in Centrally-ruled Uttarakhand due to the political crisis there. This was decided at a Cabinet meeting chaired by home minister Rajnath Singh in the absence of Prime Minister Narendra Modi, who is in Brussels. In a rare development, the Budget Session of Parliament was prorogued Tuesday night to enable the government to promulgate an ordinance on Uttarakhand’s finances.
A two-judge bench of the Uttarakhand high court offered relief to the Centre, which had challenged the order of the single judge, Justice U.C. Dhyani, who had on Tuesday directed that a floor test be conducted on Thursday in the Assembly in Uttarakhand, now under President’s Rule.
The bench, headed by Chief Justice K.M. Joseph, posted the matter for final hearing on April 6 on the writ petition filed by ousted chief minister Harish Rawat challenging the imposition of President’s Rule. Attorney-general Mukul Rohatgi, appearing for the Centre, had strongly opposed Tuesday’s order, saying the courts could not interfere with the presidential proclamation.
“How can a floor test be ordered when a presidential proclamation is in force and the Assembly is in suspended animation ” Mr Rohatgi asked. He questioned for whom the floor test would be conducted since there was no government, and asked who would convene a session of the Assembly, which was in suspended animation.
The court asked the A-G what had been the hurry for the imposition of President’s Rule on March 27 as a floor test was due to be held the next day and that would have been the best way to decide a majority.
Justifying the Centre’s action, the attorney-general argued that “unconstitutional” developments had taken place in the Assembly on March 18 and horse-trading was under way. According to the Centre, there was a “breakdown of the constitutional machinery” when on March 18 the Appropriations Bill was declared as passed despite 35 out of 67 voting MLAs opposing it.
The A-G argued the Centre should be given a chance to explain its position on why President’s Rule was imposed. Mr Rohatgi also claimed that if the single judge’s order was enforced there was the possibility that there could be “two governments in place” in the state.
The A-G said the Centre’s counter affidavit, along with that of Centrally-ruled Uttarakhand, would be filed by in the court on April 4. The court gave 24 hours to petitioner Harish Rawat to file a rejoinder affidavit to the counter-affidavits.
Earlier, the trust vote was due on March 28 but the Centre imposed President’s Rule March 27, citing a “breakdown of the constitutional machinery” in the state. This was challenged by Mr Rawat before Justice U.C. Dhyani of the high court. Justice Dhyani, while ordering the floor test on March 31, also allowed the nine disqualified rebel Congress MLAs to participate in the voting.
Justifying the imposition of President’s Rule in the state, Union minister M. Venkaiah Naidu attacked the Congress leadership, asking it to “introspect” on why its legislators were leaving the party instead of blaming the Centre. Saying that the Centre had no habit of pulling down any government and it was “all false propaganda”, Mr Naidu blamed the internal crisis in Uttarakhand on the Congress.
Justice Dhyani, meanwhile, put off a hearing on the plea by rebel Congress MLAs challenging their disqualification by Speaker Govind Singh Kunjwal after President’s Rule was imposed. These nine rebel MLAs had backed the BJP in opposing the Appropriations Bill on March 18.
