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Highlights of Supreme Court order on Arunachal government issue


New Delhi : Some of the key strictures of the judgment of the Supreme Court with regard to quashing Arunachal Governor J.P.Rajkhowa’s orders on government formation in the state were as follows:

1. That interpersonal relationships of constitutional functionaries are carried with such a complete lack of cordiality and gay abandon is indeed unfortunate

The result is thrashing given to Constitution and a spanking to governance.

2. All that needs to be said is that the events as they occurred with great rapidity…appear to be nothing more than a political circus.

3. Does the rule of law in our country permit the governor to throw constitutional principles and rules of procedure and conduct of business of the Arunachal Pradesh legislative assembly to the whims and summon the assembly to meet whoever or wherever he deems appropriate.

4. The Governor concluded that he may not be bound by the advise of council of ministers for whatever reason. From where did the governor derive this principle and how did he dream that he could invoke the concept of Individual judgment should a resolution of council of minister be place before him. The very concept that our constitution framers were in favour of.

5. To make matters worse, and in a sense, humiliate the elected government of the day, the governor did ignore the resolution of council of ministers taken on December 14, 2015.

6. The governor acted unilaterally and in an unregulated manner.He has to play the game in accordance with the rules of the constitution.

7. It is not for the governor to schedule the functioning of assembly. It is also not in the governor’s domain to schedule the agenda of the house. Governor has no role with reference to ongoings in the assembly. Governor must keep away from all that which goes on in the house.

8. Twenty one MLAs from INC did not constitute a legitimate, recognisable break away group.

9. The governor must remain aloof from disagreement, discord, disharmony, discontent or dissention within individual political parties.

10. The Governor must keep clear of any political horse trading and unsavoury political manipulations. (ANI)

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