Saturday, 30 January 2016

Why President’s rule has been imposed in Arunachal Pradesh

After crisis- ridden Arunachal Pradesh was brought under the President’s rule following President Pranab Mukherjee’s assent to the cabinet recommendation, the Supreme Court yesterday  issued a notice to the Central government on the imposition of President’s rule in the state,  seeking a reply by January 29.

While hearing the plea of Congress challenging the Union Cabinet’s recommendation for the state to be put under President’s rule, the apex court also asked the counsel for Arunachal Pradesh’s Governor J P Rajkhowa to furnish immediately the report that led to imposition of President’s rule.

The Supreme Court has fixed the next date of hearing on February 1.

The fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh.

In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court.

President’s rule in Arunachal Pradesh:
Official sources said the President signed the proclamation two days after the cabinet held an unscheduled meeting on Sunday to recommend that the northeastern border state be brought under President’s rule.

Minister of State for Home Kiran Rijiju said the cabinet was forced to take the decision because of a Constitutional breakdown as six months had lapsed between two sessions of the state Assembly.
Earlier, on Monday the President had called Home Minister Rajnath Singh and put some queries to him on the need for the imposition of President’s rule even as Congress, the ruling party in the state, met him and opposed the cabinet decision.

The Congress party urged the President not to give assent to the cabinet decision saying the issue was before the Supreme Court.

Other major opposition parties had also attacked the Centre’s decision saying it amounted to “murder” of democracy while the BJP said the crisis was of Congress’ making because it had lost numbers in the Assembly.

Arunachal Pradesh has been rocked by a political crisis since December 16 last year when 21 rebel Congress MLAs joined hands with 11 of BJP and two independents to ‘impeach’ Assembly Speaker Nabam Rebia at a makeshift venue, in a move branded as “illegal and unconstitutional” by the Speaker.

Congress has been a master in creating conditions in Arunachal Pradesh:
BJP leader Sidharth Nath Singh has said that President’s rule has been imposed not for the first time and Congress has no basis to complain as it is responsible for the “political instability” in the state.
“ This is not the first time that the President’s rule has been imposed. The Congress has been a master in creating conditions also in Arunachal Pradesh.

The condition has been created by rebel MLAs of the Congress and not by anybody else and at the same time there is also a constitutional requirement for the session to be held within a time span which has not been met.

Therefore, there is instability in Arunachal Pradesh,” Singh said.

Defending the decision, the BJP leader said:
“The Council of Ministers at the Centre recommended to the President.
President took his time and in his own wisdom has imposed the President’s rule. So Congress has no basis to complain.
If they want to make any political issue, they are welcome to do it.
Constitution needs to be respected.”

Earlier, Congress leader Manish Tewari had criticized the government for imposing President’s Rule in Arunachal Pradesh, calling the move to be a “sledgehammer blow” to Indian federalism and “misuse” of the Constitution, adding that the government should have waited for the Supreme Court decision on the matter

Internal conflict in Congress to blame for Arunachal crisis: BJP

Defending the Centre’s move, BJP spokesperson Sudhanshu Trivedi had said that Congress has “no answer” either on Constitutional or moral or political ground, as “a government cannot remain in office if it does not call for a session of the House within six months of the last session”.
He had pointed out that Congress MLAs revolted because of “family matter” and corruption charges against the government.

The Chief Minister and the Speaker are cousins and worked in tandem, fueling resentment within the party, he said.

Citing Constitutional provisions, Trivedi said six months shall not intervene between the last day of one session and the first day of the next session. He said the Nabam Tuki government should have convened the House by January 21 which it did not because it had “lost” majority.

“Let alone the meeting of Assembly, even the meeting of Congress legislature party was not called for the simple reason that Congress had lost numbers,” he had told the media.

Accusing Congress of breaching all decorum, he said the Chief Minister and his ministers had used most indecorous language against the Governor and animals were slaughtered outside the latter’s house, in an attempt to spread anarchy.

Hitting back at Congress after it accused the Centre of misusing the office of Governors, Trivedi referred to former law minister and party leader Hansraj Bhardwaj’s controversial claims over the imposition of President’s Rule in Bihar in 2005 when UPA was in power.

He also raked up the issue of dismissal of BJP governments in Madhya Pradesh, Rajasthan and Himachal Pradesh following the demolition of Babri mosque in 1992, saying there was no justification for that.

Congress rebels ready to form government with BJP support in Arunachal:
Congress MLAs in Arunachal Pradesh who revolted against Chief Minister Nabam Tuki have welcomed the Union Cabinet recommendation for imposition of President’s rule in the state and said they were ready to form an alternative government with the support of BJP and others.
“We welcome the Centre’s decision as there was complete breakdown of Constitution. Nabam Tuki constitutionally, democratically and morally has no right to rule.

He should have resigned long ago,” MLA and spokesman of the rebel group, Pasang Dorjee, had stated.

Dorjee had pointed out that the rebel Congress group has 21 MLAs and they were supported by 11 BJP legislators and two independent MLAs while Tuki has support of just 26 MLAs in the 60-member Assembly.

Asked whether they would support a BJP-led government, Dorjee said that question does not arise at all as the rebel Congress group has more MLAs than the BJP.

“We are still in Congress and we want a Congress-led government, not BJP-led government.We are against Nabam Tuki but not against Congress party,” he said.

Minister of State for Home Kiren Rijiju had asserted that the Cabinet recommendation was in accordance with the Constitution as the Assembly did not hold its session for more than six months.

“We do not have any role in the recommendation of President’s Rule because it is a constitutional process,” the minister said adding  that  BJP has no intention to form the next government in the state as it was up to the MLAs to decide the future course of action.

Asked whether BJP would support a Congress-led government as claimed by him, Dorjee said for the interest of Arunachal Pradesh, the BJP would be ready to support the Congress rebel group.

“We are for development of Arunachal Pradesh. The BJP is also for development of Arunachal Pradesh.
So, why will not they support us,” he stated, highlighting the fact that they have already projected former Minister and veteran state Congress leader Kalikho Pul as the next Chief Minister of the state.

Nabam Tuki insists on Arunachal being peaceful, blames Governor:
Former Chief Minister of Arunachal Pradesh Nabam Tuki had earlier expressed surprise over the Union Cabinet’s recommendation for imposing President’s rule in the state.

“This is really shocking as the Centre did not consult the state government before taking such a harsh decision.
Arunachal is absolutely peaceful without even a single case of law and order breakdown reported in the last month,”

Governor Rajkhowa had recommended President’s rule in Arunachal Pradesh without consulting the state Cabinet at a time when several related cases are sub-judice in the Supreme Court, he said.

This New is Originally Posted on NITI CENTRAL

Friday, 29 January 2016

BJP hopeful on Arunachal Pradesh, Jammu and Kashmir; defends President's rule

NEW DELHI: For a party that has rung alarm bells each time there is some problem at the Pakistan or China border, BJP is faced with a predicament where J&K as well as Arunachal Pradesh are under President's rule and in the midst of political uncertainty  a scenario that has sections within the saffron organisation in a fix.

BJP leaders to whom ET talked to said though the crises were not of its making, it should definitely not continue for long. Party leader Sudhanshu Trivedi defended the imposition of President's rule in the two states, insisting "one cannot leave border states in a state of anarchy and chaos. No politics should be played on sensitive issues. All steps should be taken to restore normalcy", he said.
BJP leaders are more vocal on Arunachal and defended the Centre for imposition of President's rule. "While the crisis in Arunachal is one where a big chunk of Congress MLAs are with us, in J&K the situation developed in the wake of Mufti Sayeed's demise; but we are moving towards ironing out the differences with PDP," a BJP MP involved in party affairs in both states in the past said.

Other BJP leaders underlined that being border states and under President's rule were the only common grounds between J&K and Arunachal. In J&K, BJP is dependent on how Mehbooba Mufti plays her cards. "Arunachal has usually been with whichever party is in power at the Centre so we are hopeful," a BJP leader said.

BJP pins the blame for imposition of President's rule on the Congress. "Congress accusing us is akin to pot calling the kettle black. When it comes to President's rule, Indira Gandhi had crossed the half century mark," BJP secretary Srikant Sharma claimed.

"The uncertainty in both the states will end soon in our favour. It is just a matter of time," a BJP leader said.

This New is Originally Posted on The Economic Times

Thursday, 28 January 2016

Pranab seeks clarification on Arunachal

President Pranab Mukherjee seemed poised to take a call on the Centre’s recommendation to impose President’s rule in Arunachal Pradesh, after he sought clarifications from Home Minister Rajnath Singh. 

This, even as the Congress party, whose government headed by Chief Minister Nabam Tuki is imperilled, moved the Supreme Court questioning the recommendation. 

Top sources in the government told The Hindu that Rashtrapati Bhavan had, on Sunday night itself, conveyed to the Union government that certain clarifications were required on certain dates mentioned in the recommendations. On Monday afternoon, Mr. Rajnath Singh met President Mukherjee. Rashtrapati Bhavan did not confirm the part about Sunday’s conversation only saying, “the Home Minister did meet the President this [Monday] afternoon, as did the Congress delegation [protesting the recommendation].” 

The Congress called the recommendation unconstitutional, with party vice-president Rahul Gandhi directly attacking PM Narendra Modi. 

“Modiji you talk about federalism but murder democracy. You talk about cooperation but use every means to coerce. Imposing President’s rule in Arunachal is a blatant bid to topple a duly elected government. The Congress party will fight this attack on our Constitution, on our democracy and on the people’s mandate,” he said on social media site Twitter. 

Bihar Chief Minister Nitish Kumar and Delhi Chief Minister Arvind Kejriwal came out in support of the Congress and criticised the Centre’s recommendation. “I strongly condemn the Centre’s move to impose President’s rule in Arunachal Pradesh, while the matter is still pending before the SC’s Constitutional Bench,” said Mr. Kumar. 

The official spokesperson for the BJP, Sudhanshu Trivedi, however, said not recommending President’s rule would have, in fact, imperilled the law and order situation in the State. 

“Politically, this is a subject of internal conflicts of the Congress party, its MLAs crossed over as the Chief Minister and the Speaker were first cousins and that was creating issues among other MLAs of the party,” he said. “Constitutionally too, the State government did not call an Assembly session in the last six months. Even if they do not acknowledge the session, run outside the Assembly premises by so-called rebels in December, the Chief Minister should have called a session by January 21st. In either case it is a fit case for President’s rule,” Mr. Trivedi added. 

This New is Originally Posted on THE HINDU

Tuesday, 26 January 2016

Congress failed to protect the constitution in Arunachal: Sudhanshu Trivedi

New Delhi: The BJP spokesperson Sudhanshu Trivedi on Monday accused the Congress of having failed to protect the constitution in Arunachal Pradesh and said the ruling party in the state has lost the constitutional authority to remain in power.

“Politically, this is an internal matter of the Congress and constitutionally, in either of the way in which the decision is pending in the Supreme Court, they have lost the constitutional authority to be in the government in Arunachal Pradesh, ”

And morally, I would like to ask one question — Why are you (Congress) running away from calling the house and proving majority or going for a floor test?

“In fact, you are not able to convene your own legislative party meeting itself,” he added

The BJP leader also accused the Congress of misleading the nation over the issue.

“They will reach the Supreme Court. They will reach the President but they will not convene the (assembly) session and not even the legislature party meeting. The Congress should refrain from making political statements as the case is pending before the constitutional bench of the Supreme Court,”

Trivedi said that constitutionally, there was a provision that any government cannot remain in power if it is not able to conduct the next session of the assembly within six months after the conclusion of the previous session.

The previous session of the Arunachal Pradesh assembly ended on July 21, and a session must be convened before January 21,” he said.

This New is Originally Posted on NewsGram