President Pranab Mukherjee signed off on central rule for Arunachal Pradesh on Tuesday after the Centre strongly recommended it and also gave an in-person clarification. (PTI photo)
After the Supreme Court has sought a detailed explanation for why President's Rule has been imposed in Arunachal Pradesh, sources say the government will emphasize its declared position that the state has to be rescued from a "constitutional crisis".
The top court today has asked the government to detail its stand by Friday. Judges also asked for a copy of the report sent by Governor Jyoti Prasad Rajkhow, on the basis of which central rule was recommended by the cabinet. President Pranab Mukherjee asked for clarifications in person from Home Minister Rajnath Singh on Monday, a session which convinced him that the north eastern state cannot remain in the care of the Congress and Chief Minister Nabam Tuki.
In its defense, the Centre has been underscoring that the Arunachal assembly had not met for over six months, a constitutional requirement. The Governor called a session in December that was not held at the state legislature because the Speaker, a Congress leader, did not allow access to the building. The Congress has challenged this session as invalid because it says the Chief Minister and his cabinet were not consulted. A top union minister told NDTV on the condition of anonymity," If the court agrees that the House has gone without a session for over six months and the session ordered by the state governor was invalid, then the Centre's decision is valid. If the session is held valid, then the continuance of the Nabam Tuki government has to be invalid." The source added, "MLAs can't enter the state assembly building. The state's governance is being threatened. Isn't that a political and constitutional crisis?"
The crisis in Arunachal Pradesh for Chief Minister Tuki had been building for months till it peaked in December with nearly half his party's legislators teaming up with the BJP. With the Congress effectively split, the Chief Minister may find it tough to prove he still has a majority. Junior Home Minister Kiran Rijuju told NDTV recently, "The Centre did not trigger the crisis. The Chief Minister suspended 14 of his party's MLAs who decided to break away. The BJP or the NDA government didn't precipitate the crisis. "
The Centre wants the Supreme Court to treat as confidential the report submitted by the Governor that presents his reasoning in favour of President's rule. The Congress, which has taken the Centre to court, wants to access the document. The judges say they will decide after reviewing it themselves.
The report, according to sources, includes the charge that "Government institutions and officials were funding and abetting organisations to target the Governor. Governance has collapsed and the state government is invisible."
Home Minister Rajnath Singh is expected to meet with senior officers to prepare the government's response, due by Friday. The next court hearing has been set for Monday.
The legal challenge does not loom in solitude over the Centre. Parliament will meet for the budget session in late February, and both houses will have to sign off on President's rule for Arunachal Pradesh. The government has a huge majority in the Lok Sabha, but it is in a minority in the Rajya Sabha, where the Congress will work to persuade other opposition parties to vote against the initiative. If both houses don't clear the move, President's Rule will have to be withdrawn in Arunachal Pradesh.