The Supreme Court on Friday, started examining constitutional schemes on the scope of discretionary powers of the Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh.
The high-voltage hearing began with the submissions of senior advocate Kapil Sibal, who listed out legal questions for adjudication by a five-judge constitution bench headed by Justice JS Khehar. This included the Governor’s power to convene Assembly sessions without aid and advice of the government.
Kapil Sibal, Representing Nabam RebiaWhether the Governor has any discretionary power to summon the House without the aid and advice of the Chief Minister and his council of ministers. What are the contours of powers of the Governor in sending messages to the House and, in particular, the power of the Governor in dealing with the constitution of the House.
Sibal represents Nabam Rebia who has purportedly been removed from the Speaker’s post by rebel Congress and BJP MLAs in an assembly session at a community hall in Itanagar on 16 December.
It has also been alleged that the Governor had advanced the assembly sitting from January 14 to 16 December without the aid and advice of the Chief Minister and his council of ministers.
The court, during the hearing, referred to constitutional provisions and asked questions on discretionary powers of the Governor.
The bench said “there may be some grey areas where the Governor can always say that it is his discretion which can be challenged in judicial review only.”
Sibal also said that the Governor, who is neither the officer of the assembly nor its member, cannot convene a session of the House on his own.
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