oppn parties President's Rule, Judiciary and the Congress Party

News Snippets

  • University vice-chancellors in West Bengal decide not to hold final-year examinations despite UGC prod, will instead go by the state government advised 80-20 formula where 80% will be marked on performance in past semesters and 20% on internal assessments in the final semester
  • The Centre wants the ITI and other top Indian firms to bid for 5G as Chinese firms Huawei and ZTE are not likely to be allowed to participate
  • India and China agree on total disengagement to return to peace ahead of the next round of military talks
  • The Supreme Court allows delivery of summons and notices via WhatsApp and email, but questions remain on proof of actual receipt
  • National Investigation Agency says the proceeds from the Kerala gold smuggling case could have been used for terrorist activities
  • Four Maoists shot dead in Valmiki Tiger Reserve in Bihar
  • Despite localized lockdown, Covid cases continue to rise at an alarming rate in West Bengal. Newer areas brought under containment zones in Kolkata
  • ICSE, ISC results declared, Average scores in the English paper, 20% lower this year than the average in most years, pulls down the aggregate for most candidates
  • IIP contracts by 35% in May. Manufacturing goes down by 39.3%
  • Row erupts over CBSE's decision to reduce the syllabus by 30% this academic year due to the disruption caused by the pandemic. Experts say several lessons that the ruling dispensation does not like are being removed
  • Gangster Vikas Dubey's nephew killed in an encounter by UP police who also pick up his key aide Raju Khullar and his son Adarsh
  • MHA sets up an inter-ministerial committee to probe the alleged financial misdeeds of three trusts linked to the Gandhi family
  • Actor Jagdeep, most famous for his Soorma Bhopali act in Sholay, passes away
  • Pakistan says Kulbhushan Jadhav has declined to file a review petition and will stick to his mercy plea. India calls it a farce
  • India to keep a strict vigil to confirm that the Chinese are abiding by the deal on the pullback at the LAC
The plot thickens in Rajasthan. Sachin Pilot removed as deputy chief minister and PCC chief. His loyalists dropped as ministers.
oppn parties
President's Rule, Judiciary and the Congress Party

By Sunil Garodia
First publised on 2016-04-02 15:42:14

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
Was the single bench of high court justified in ordering a floor test vis-a-vis the imposition of President’s rule in Uttarakhand? Noted constitutional expert Soli Sorabjee is of the opinion it was not. Sorabjee says that “it is incomprehensible how a floor test can be ordered when a presidential proclamation is in force and the assembly is in suspended animation.” Attorney General Mukul Rohatgi used the same words before a division bench of the high court to obtain a stay against the floor test.

That is the crux of the matter. While the Supreme Court has held that imposition of President’s rule is subject to judicial review, it is the actual imposition that can be challenged and the courts can decide if there actually was a failure of constitutional machinery in the state. The floor test can happen once the imposition is set aside. It is strange that the judge ordered a floor test without first ruling that the said imposition was bad in law. That is the legal position.

Politically, the Congress high command first erred in Arunachal and repeated the mistake in Uttarakhand. When a sizeable number of state MLA’s keep raising issues, a party like the Congress, which strictly follows the high command structure denying democracy to its state units, should step in to quell rebellion. Time and again, rebels from Congress ruled states complain that they do not get access to Rahul or Sonia. This state of affairs forces them to go against high command nominated CM’s.

The Congress has a long history of state leaders rebelling against rootless CM’s imposed by the high command in order to protect the “dynasty.” State leaders were often accommodated at the Centre or given plum party posts. But since it is no longer ruling in Delhi, that luxury is not available any more. There will be more rebellions and the Congress has to come up with solutions fast. With governments in states ruled by it reduced to a minority, blaming the BJP every time for engineering defections will not do. It has to set its own house in order.