The Supreme Court on Wednesday declared that President’s Rule in Uttarakhand will continue till it pronounces judgment on Centre’s appeal against state high court’s decision.
The top court order implied that there will be no floor test in the assembly on April 29 as mandated by the earlier Uttarakhand high court order.
Hearing the Centre’s appeal against the Uttarakhand high court judgment revoking President’s rule, the apex court framed seven tough questions and even gave liberty to the Attorney General to include other questions the government would like to be addressed.
The bench comprising Justices Dipak Misra and Shiva Kirti Singh posted the matter for further hearing on May 3 amidst indication that the verdict may be pronounced before the court breaks for summer vacation by the middle of next month.
Senior advocate Abhishek Manu Singhvi, appearing for Rawat, said there was no question of opposing the bench’s stand on continuing with the interim order staying the High Court’s order for few more days.
During the hearing, the bench said possibly the answer to the current incident would ultimately be the floor test and asked attorney general Mukul Rohatgi to think over the questions and suggestions put forward by it.
“The matter has its own gravity and ultimately in such a case prima facie we have to sustain democracy and if we don’t find merit with the President’s rule then we will have to have a floor test.
“Therefore, as a constitutional concept unless we really vacate our order, not to say lift President’s rule, we have to modify our order and have to say go for the floor test. Think over it,” it said.
Attorney general said that he will think over it and inform the court.
The bench also said that this is an emergent situation.
While answering various questions Rohatgi, said President’s rule will be operative for two months till May 27 and if it is upheld by the court, then to have a floor test will be the discreation of the government and if the President’s rule is dismissed, it will be a case of non-existence of Central rule and in that event the direction to the governor will be to call for the floor test.
Arguments by the Centre and the Congress in the case will commence on May 3 and conclude by May 6.
The Uttarakhand High Court had on April 21 set aside President’s rule that was imposed in the state by the Centre on March 27.
The 7 questions asked by the Supreme Court to the Centre are:
1. Can a delay in the floor test be grounds for proclaiming President’s Rule?
2. Is the disqualification of MLAs by the Speaker a relevant issue for the purposes of invoking President’s rule under Article 356?
3. Can proceedings in the assembly be considered by the President for imposing Central rule?
4. Could the Governor have sent a message – the way he did – under Article 175 (2) for conducting the floor test?
5. Can the Governor ask the Speaker for the division of votes as both are constitutional authorities?