NEW DELHI, February 4 (PTI): The Supreme Court, examining the powers of governors, on Thursday took strong note of a submission that all decisions of the governor are not open to judicial review and said it cannot be a mute spectator when democratic processes are "slaughtered".
"If democracy is slaughtered, how can the court remain silent," a five-judge Constitution bench headed by Justice JS Khehar said when the counsel for a BJP MLA of crisis-hit Arunachal Pradesh referred to the powers of the governors to drive home the point that courts cannot "review" all the decisions of the governor.
The bench, meanwhile, summoned dispatch records, having details of correspondences of Arunachal Pradesh assembly from October till date, on February 8 as it was not satisfied with documents produced by an official of the assembly.
The bench, also comprising Justices Dipak Misra, MB Lokur, PC Ghose and NV Ramana, wanted to ascertain certain communications between the office of assembly speaker Nabam Rebia and governor J P Rajkhowa on issues like convening or advancing assembly session and disqualification of rebel Congress MLAs.
Senior advocate Rakesh Dwivedi, appearing for some rebel Congress lawmakers, supported the governor's decisions saying that summoning the assembly session cannot be termed "undemocratic" and does not frustrate "democratic process". Rather, locking out the assembly building and shying away from it are undemocratic acts.
"It is not compulsory for the governor to take aid and advice of the chief minister and his council of ministers in summoning the assembly session," he said, adding that certain constitutional schemes empower the governor to act on his own in "exceptional" and "special" circumstances.
By summoning assembly session, the governor is "simply setting in motion the democratic process", the lawyer said and asked how can it be termed illegal by those who lost majority support and shied away from the House. He said that the locking up of the assembly building was not a "simple and democratic" act.
The court would resume hearing on Friday on a batch of pleas filed by Rebia and other Congress leaders against the Gauhati high court order in the case.
Govt to seek ratification of PR in Budget session
New Delhi, February 4 (PTI): The government will push for the ratification of the proclamation of President's Rule in Arunachal Pradesh and passage of a Bill to replace the ordinance to amend the Enemy Property Act during the first part of the Budget session beginning February 23.
President's Rule was imposed in Arunachal Pradesh on January 26 following political instability in the state.
As per Article 356 of the Constitution, the proclamation will cease to operate within two months unless "it has been approved by resolutions of both Houses of Parliament".
Sources in the government said that soon after the tabling of the Union Budget, the government will push for the passage of the resolution in Lok Sabha and Rajya Sabha.
The BJP-led NDA government lacks numbers in the Upper House.
Home Minister Rajnath Singh will also move a Bill to replace the ordinance to amend the Enemy Property Act, which was issued on January 8.
As per the Constitution, the ordinance lapses 42 days/6 weeks from the day a session begins unless a Bill to replace it is cleared by Parliament.
The ordinance amends the 47-year-old Enemy Property Act to allow custodians to continue to retain control over such properties.
The ordinance amends the provisions of the Act declaring that all "enemy property" vested in the custodian would continue to vest in the custodian irrespective of the death or extinction of the enemy.
After the Indo-Pakistan War of 1965, the Enemy Property Act was promulgated in 1968.
The first part of the session is from February 23 to March 16, while the second part is from April 25 to May 13.
