Supreme Court of India has issued notice to the Union of India in a writ petition filed by Arunachal Pradesh Congress legislature party chief whip Rajesh Tacho challenging the recommendation of the Union Cabinet which led to the imposition of President’s Rule in Arunachal Pradesh.

Notice was issued by the Constitution Bench which had agreed to hear the petition at 2pm along with the already listed batch of petitions concerning the constitutional crisis in the state. Bench has asked the Union of India to file its reply by January 29, 2016. It has also asked to place before it in sealed cover, a copy of the report of the Arunachal Pradesh’s Governor along and other material by which he had recommended the issuance of a proclamation under Article 356 of the Constitution of India in the state.

Representing the Union of India, Attorney General Mukul Rohatgi submitted before the bench that recommendations of the Governor or the Centre were not open to judicial scrutiny. As the petition was filed after the recommendation but before the invocation of article 356, on a request of senior counsel Fali S. Nariman who represented Tacho, liberty was granted to amend the writ petition so as to assail the report of the Governor, and the consequential proclamation

On January 26, President of India Pranab Mukherjee had issued a proclamation, stating:

The following Proclamation by the President is published for general information:—

Whereas, I, Pranab Mukherjee, President of India, have received a report from the Governor of the State of Arunachal Pradesh and after considering the report and other information received by me, I am satisfied that a situation has arisen in which the Government of that State cannot be carried on in accordance with the provisions of the Constitution of India (hereinafter referred to as the Constitution)…

Order can be read here.

Mohit Singh

Mohit Singh is an advocate at the Supreme Court of India.

Latest posts by Mohit Singh (see all)