SC questions Guv's order to advance Arunachal Assembly session

The Supreme Court on Friday questioned Arunachal Pradesh Governor JP Rajkhowa's decision to advance the Assembly session to December last year from this January, asking what difference would it have made if the sitting was held as originally scheduled.

"What would be the change or difference if the Assembly proceedings would have taken place on pre-scheduled January 14 instead of December 16," a five-judge Constitution Bench, headed by Justice 

JS Khehar, said.

The poser came when senior advocate Rakesh Dwivedi, appearing for some rebel Congress MLAs, said there were serious corruption charges against then Speaker Nabam Rebia and the Governor was empowered under the Constitution to advance the Assembly session and instruct that the issue of removal of the Speaker be taken up as first item of business.

"There has to be some object to be achieved by the Governor by wanting to advance the date," the Bench said.

Responding in a lighter vein to the assertion that the Governor can summon and advance the Assembly session, the Bench asked: "Does it mean that whenever he feels bored, he can call the Assembly to feel the excitement?" 

Dwivedi said: "The Speaker, who is under clout, cannot and should not be allowed to preside over the House" and added that there was a very limited scope of judicial review in matters where the Governor exercises his powers under the Constitution.

The Bench, however, agreed with Dwivedi's contention that on some occasions, the Governor is not bound to act as per the aid and advice of the Chief Minister and his Council of ministers. 

"The Governor is neither an agent nor an employee and is entitled to act on his own also," the lawyer said.

On Thursday, the court, which is examining the powers of Governors, had taken strong note of a submission that all decisions of the Governor are not open to judicial review.

"If democracy is slaughtered, how can the court remain silent," it had said when a counsel for a BJP lawmaker of crisis-hit Arunachal Pradesh referred to the powers of Governors to drive home the point that courts cannot "review" all the decisions of the Governor.

Earlier, the Bench had also summoned dispatch records, having details of correspondences of Arunachal Pradesh Assembly from October to February 8 as it was not satisfied with documents produced by an official of the Assembly.

The Bench wanted to ascertain certain communications between the office of then Speaker Nabam Rebia and the Governor on issues like convening or advancing assembly session and disqualification of rebel Congress MLAs.

The court would resume the hearing on Monday on a batch of pleas filed by Rebia and other Congress leaders against the Gauhati high court order in the case.