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

News Snippets

  • DMK leader RS Bharathi says media is running like the red light area in Mumbai
  • A Delhi court issues fresh warrants for the hanging of the Nirbhaya convicts. Fixes the date for March 3
  • Supreme Court appoints a mediation team to ask Shaheen Bagh protestors to avoid blocking the road and shift to another venue
  • Supreme Court says peaceful protests cannot be denied in a democracy but also says that a balance must be struck as protestors cannot be allowed to block roads
  • Telcos pay part of their dues for AGR after the bashing from the Supreme Court
  • Debbie Abrahams, a Labour MP from UK, who was critical of India's action in Kashmir, not allowed to enter India. She was deported to Dubai from the Delhi airport
  • Sidharth Shukla wins Big Boss 13
  • Gully Boy sweeps most of the awards at the Filmfare Awards
  • Sharad Pawar says Maharashtra CM Uddhav Thackeray wrong in allowing NIA to take over the Elgar Parishad case
  • Supreme Court frames guidelines and sets a six-month time frame for hearing of appeals made by death row convicts
  • EC rebuts the allegations of not acting on hate speech made by ex-CEC SY Quraishi
  • DoT asks telcos to pay up Rs 4L cr by midnight on Friday after the Supreme Court asks it why its order of recovering the dues was not being complied with
  • Gorakhpur doctor Kafeel Khan, under probe for making an inflammatory and anti-CAA speech in AMU, arrested under NSA before he could be released from jail after being granted bail by a court
  • Supreme Court asks the J&K administration to explain and justify Omar Abdullah's detention under the PSA Act
  • In a shameful incident, 68 girls stripped in a Gujarat college to check if they were menstruating
Supreme Court allows permanent commission for women in the armed forces, allows three months for implementation of the order
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.