New Delhi: Congress leveled serious charges against Prime Minister Narendra Modi as well as BJP and RSS for plotting to oust elected government in Arunachal Pradesh. It said on Tuesday that they are in criminal collusion with crony industrial houses is attempting to murder democracy and the constitution of India by subverting the mandate of people of Arunachal Pradesh who elected a Congress Government in May 2014 with a 4/5 Majority.
“In a dangerous game that involves horse trading of MLAs, blatant allurement and threats, subversion of constitutional provision and procedures and gross misuse of the position of the Governor, Narendra Modi, Amit Shah, Kiran Rijiju, and Ram Madhav are bent on unconstitutionally toppling the elected government in Arunachal Pradesh.”
Congress said the BJP has crudely pressurized the Governor and the Governor has unconstitutionally made himself a willing tool for partisan and ulterior motives. Some of the dissident Congress MLAs were lured by BJP to topple the Government in the state. In the 60-member Assembly, Congress MLAs are 47, BJP-11 and Independent-2. The hideous game being played by the Governor in gross violation of Article 175 (2), which enjoins the Governor to send a message to the Assembly only with regards to Bills, involves not only summoning the House but also dictating its agenda through a “Message”. It is elementary constitutional law that the Governor must act only on the advice of the State Council of Ministers. In the celebrated JJ Shamsher Judgment of the Apex Court and in several judgments before and thereafter, this has become an embedded principle of Constitutional Law. If this be established meaning of the article 163 then the Governor must necessarily act only on the advice of the cabinet and cannot convene the Assembly on his own.
If one were to read the attached ‘Message’ of the Governor, it becomes apparent that the whole exercise is solely aimed at dislodging the government by ensuring that a chosen Speaker spares the defecting MLAs from the provisions of the Anti-Defection Law.
The last Assembly session was prorogued on 3/11/2015 and notified for being reconvened on 14/1/2016. The Governor has wholly without jurisdiction and acting brazenly in an unconstitutional manner on the dictates of the Central Government and Central and State BJP units proponed this date. On 6th Nov 2015, Congress MLA’s had filed a Petition for removal of the Deputy Speaker for Anti Party Activities before the legislative assembly. On 9th Nov 2015 the BJP MLA’s also gave notice for the removal of the Speaker.
The Governor issued an Order of summoning the session on 16th December 2015 without the Chief Ministers Knowledge and also without any Cabinet decision. The Governor has no powers to summon the Assembly Session without proper Cabinet Decision. Further in the letter, The Governor also set the Agenda of the Assembly session for which he has no authority.
Agenda for the proceedings of the House has to be decided by the Business Advisory Committee. The Governor ignoring the prior petition for removal of Deputy Speaker pending before the assembly Secretariat picked up only the Speakers Disqualification notice with ulterior Motive. He has no authority to give direction to Legislative assembly. This is a clear case of Abuse of office by the Governor.
Congress said it is very clear that the Governor is acting in collusion with the NDA Government at Center to dislodge the Arunachal Pradesh Government.
This exercise of unconstitutional usurping the powers by the Governor has been an exercise in continuation. Law and Order is a State Subject but Governor without the knowledge of Chief Minister and Home Minister of Arunachal Pradesh requisitioned the CRPF and ITBP to Arunachal Pradesh. Incidentally the Minister of State for Home Affairs Kiran Rijiju the BJP MP elected from AP is in charge for CRPF & ITBP. The Govt. of India encroached into the powers of the Government of AP sending the CRPF & ITBP forces in violation of the Constitutional provisions.
The Order of the Governor sending a message to summon the Arunachal Legislative assembly without the recommendation of the Cabinet is illegal and Unconstitutional. The Governor under the instructions of the BJP Government at the centre is trying to topple an elected Congress and completely denigrate the office of the Governor. What the Governor in collusion with the Central Government and Central and State BJP are doing is in patent violation of the Supreme Court’s Constitutional bench decisions in Bommai (1994) and Rameshwar Prasad (2006).
Modi made a huge drama of reaffirming his faith in the constitution of India in a special session of Parliament barely 15 days back. Congress said it was forced to wonder whether the Prime Minister was indulging in typical double speak while reaffirming his faith in the constitution.