SC QUESTIONS ARUNACHAL GOV ON HIS ASSEMBLY SESSION DECISION

● Justice Khehar observed that under the Assembly Rules of business, it is only the Speaker who is empowered to convene the Assembly

The Supreme Court on Thursday questioned the Arunachal Pradesh governor under what constitutional provision he sent a message to the Speaker for preponing the Assembly session and sending an agenda to be discussed in the Assembly session.

A five- judge Constitution Bench comprising Justices J. S. Khehar, Dipak Misra, Madan B. Lokur, Pinaki Chandra Ghose and N. V. Ramana posed this question to senior counsel Ashok Desai, appearing for the BJP MLAs when he defended the governor’s action.

Justice Khehar observed that under the Assembly Rules of business, it is only the Speaker who is empowered to convene the Assembly. Justice Khehar pointed out that the governor can summon

the Assembly if the constitutional requirement that there should not be a gap of more than six months between two sessions are not complied with. But he cannot prepone the session without the will of the chief minister and the council of ministers as it is a legislative function.

The bench observed that once the Speaker disqualifies the MLAs and the chief minister loses majority, the governor can tell the chief minister that you are running a sham government and you face the floor test.