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On the 13th day of July, the Honorable Supreme Court gave yet another historical judgement. The wheels of fortune seem to have turned in favor of the Indian National Congress as far as Arunachal Pradesh is concerned. The Apex Court ordered the reinstatement of congress led Nabam Tuki government showing an exit gate to the Kalikho Pul government.

A five judge constitutional bench comprising of JS Khehar, Deepak Misra, Madan B Lokur,PC Ghoshe and NV Ramana gave this morale boosting verdict for the Indian National Congress. The said bench unanimously gave the order for re-instatement of the government as it was before this political crisis.

               The decision to change the timing of the session of legislative assembly was found in violation of Art.163 (Council of ministers to aid an advice to the Governor) and 174 (Sessions of State Legislature) of the Indian Constitution.

“The status quo ante as it prevailed on December 15, 2015” said the bench. This implies the nullification of trust vote and the conditions to be normal as they were prior to the event.

The bench went on saying that, “All steps and decisions taken by the Arunachal Pradesh Assembly, pursuant to the governor’s order and message dated December 9 are unsustainable and the same are therefore set aside.”

But the disqualification of 14 MLAs as ordered by the speaker Nabam Rabia would be operative as it was an order given on December 15 itself. With 14 MLAs disqualified, the effective strength of the house is reduced to 46 from 60. Congress will need at least 24 seats to prove majority in the house.

The Central government has been on the receiving end. Due to rise of Judicial Activism and Independence, In March 2015, sec 66A of IT Act was declared null and void as it was inconsistent with the constitution. Later that year, in October 2015 the new selection procedure for High Court and Supreme Court judges (NJAC) was struck down. Also, two months ago, Governor Rule in Uttrakhand was set aside and congress government was reinstated. Political analysts believe that there is a clear clash of opinions between the Executive and the Judiciary.

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Utkarsh tripathi

Law student. Poetry enthusiast. Nationalist. Humanist. Spiritual. Pen name- Saaz(tune)
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