NEW DELHI: The Supreme Court upheld on Friday the Uttarakhand High Court order which had set aside the rule of President in the state. The next hearing will be held on April 27.
The Centre has questioned the verdict of the apex court.
On Thursday, in a major embarrassment for the government of Modi, the Uttarakhand High Court had annulled the decision to impose a central government in the state, and head of government restored Harish Rawat government.
The court had asked Harish Rawat to address low test on April 29 to prove his majority.
The court had said on Wednesday that “even the President can be terribly wrong,” gave a very mixed with critical comments on the central rule order is the last resort and that the dismissal of elected governments bred cynicism citizens.
Declaring that “Draconian 356” should not have been imposed, a bank of Chief Justice KM Joseph and Justice VK bist said, “the party (BJP) was a direct beneficiary of Article 356, which is not justified because there was no riots or violence in the state. The central government has to work in an entirely impartial manner without prejudice. “
He added: “In the present case, which was launched on 18 March as the first day and saw a proclamation issued in less than ten days brings to the fore a situation where 356 has been used against the law established by the apex court. The material (considered by the announcement) has been insufficient and justifies judicial review. “
Here is your 10-point cheat-sheet to this big story:
- The Supreme Court has said that till its next hearing on Wednesday, Uttarakhand will remain under President’s Rule.
- That means Mr Rawat, who called a cabinet meeting last night and reported this morning that “11 new decisions were taken” is back to being the former Chief Minister of the state.
- “Yesterday I was reinstated by high court, before that I was dismissed chief minister, now I am a former chief minister. It is an interim order,” Mr Rawat said.
- The Centre has guaranteed that it will not withdraw President’s Rule before the top court makes a decision.
- That closes off the option of the BJP being invited to form the government, a likelihood the Congress has sought protection from.
- President’s Rule places a state under the administration of the Centre through the Governor.
- Mr Rawat and the Congress – and the Uttarakhand High Court – say the Centre misused President’s Rule to get rid of an elected government led by an opposition party.
- The Centre says that’s incorrect and that Mr Rawat heads a minority government and cannot remain in office.
- As evidence, it claims that last month, when Mr Rawat presented the state’s budget, nine Congressmen voted against it. The Centre says that the budget was wrongly declared as cleared.
- The Centre introduced President’s Rule one day before Mr Rawat was to take a trust vote in March. The timing of the Centre’s move and its motives have been labeled suspect by judges of the Uttarakhand High Court.