President is not King: Key points from HC verdict on Uttarakhand

April 22, 2016

New Delhi, Apr 22: The Uttarakhand High Court on Thursday quashed the President’s rule on Thursday, restoring Congress leader Harish Rawat as the chief minister, nearly a month after he was ousted.

President

The court came down heavily on the central government for its March 27 move to dismiss Rawat under the much-contested article 356 that empowers the union cabinet to impose President’s Rule in a state.

The case “brings to the fore a situation where 356 has been used contrary to the law”, said the bench of Chief Justice K.M. Joseph and Justice VK Bist, adding the article should only be used as a last resort.

“The proclamation of March 27 stands quashed,” said the court in the “status quo ante” order, meaning the previously existing state of affairs was being restored.

Here is what the court said during consecutive hearing since Monday.

-The Governor is not an agent of the central government

-It is the first time in the history of India that a double whammy was being committed under article 356 of hitting the authority of the Governor and the speaker

-In no circumstances can a solitary instance be material enough for imposing article 356.

-There have been instances of thick skinned governments in India lingering on. Besides the option of president rule, is the floor test not the best option to check whether they enjoy majority or not.

-If corruption was to be taken into account, hardly any government would be able to complete its 5 year term in India

-It was said that speaker had taken partisan attitude in case of Arya .It was completely non existential. We are shocked that in a matter which engages the council and the court was a blatant falsehood.

-”Sitting in Delhi, the union cabinet and President cannot rely on anything else than the Governor’s report. What is there in Governor’s report that is speaking of urgency of imposing President rule”.

-”There is no absolutism, President is not King. The President can be an excellent person but he can be terribly wrong, judges can also be terribly wrong”.

Crisis peaked on March 18

The crisis peaked on March 18 when the assembly passed the budget Appropriation Bill by voice vote even as the opposition, including the rebel Congress members, sought recorded voting. But Speaker Govind Kunjwal declined the request, leading the BJP to cry foul.

Rawat was then asked by Governor K.K. Paul to prove his majority on March 28. Just a day before, the central government ousted the Rawat-led government by imposing President’s Rule. Rawat immediately went to court.

On Thursday, Rawat said the ruling to restore his government had begun a “new phase” in the state and asked the Modi government to honour its stated policy of “cooperative federalism”.

Who said what on the HC verdict

The BJP claimed the court ruling was not a surprise.

Its general secretary and Uttarakhand affairs in charge Kailash Vijayvargiya, who played a key role in the developments leading to Rawat’s ouster, insisted that Rawat won’t be able to prove his majority.

“We will prove on April 29 that (the Rawat government) was and is in minority,” he said in New Delhi.

After ouster of Rawat, Vijayvargiya had claimed that Congress-led governments in Himachal Pradesh and Manipur were on their way out -- like it happened earlier in Arunachal Pradesh.

But another senior BJP leader, Subramanian Swamy, slammed Attorney General Mukul Rohatgi and Solicitor General Ranjit Kumar for the fiasco.

“Time to get a new AG and SG for the BJP government... We can win the Uttarakhand case,” Swamy tweeted.

At the end of hectic parleys between top BJP leaders including BJP chief Amit Shah and union ministers Arun Jaitley and Rajnath Singh in the capital, the government decided to move the Supreme Court to challenge the ruling of two-member bench of the High Court.

“We will move the Supreme Court tomorrow at 10.30 am and urge the court to hear the matter urgently,” Attorney General Mukul Rohatgi said.

An overjoyed Congress called the court ruling a victory for democracy and the judicial system “to whom alone aggrieved citizens can turn for relief”.

“The imposition of President’s Rule was unconstitutional,” spokesman Abishek Singhvi said in New Delhi.

Delhi Chief Minister Arvind Kejriwal said the court verdict was “a huge embarrassment to the Modi government”.

“Till now the Modi government used to declare our orders null and void. Today, the high court has declared their order null and void.”

Experts were divided on the verdict’s implications

Former Rajya Sabha MP and noted columnist Kuldip Nayyar said that the “decision is welcome and it will strengthen democratic institutions and constitutional propriety. The ruling makes it clear that Harish Rawat was wrongly removed as chief minister. His position as the leader of the house and the chief minister has been restored now”.

On the other hand, there were others, who disagreed on Rawat’s current status “pending revocation” of the President’s Rule by the governor or the president, and said the court has “recommendation powers” and the executive can abide by it or has the liberty to challenge it in a higher court.

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News Network
May 30,2024

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As Punjab votes in the last phase of 18th Lok Sabha polls on June 1, former Prime Minister Manmohan Singh in a letter addressed to the voters of the state said that PM Narendra Modi has indulged in most vicious form of hate speeches, which are purely divisive in nature.

"Modi has indulged in most vicious form of hate speeches, which are purely divisive in nature," said Singh in the letter shared by Congress on social media platform X.

Singh in the letter added that 'no PM in past has uttered such hateful, unparliamentary terms to target either a specific section of society or opposition.'

"No PM in past has uttered such hateful, unparliamentary terms to target either a specific section of society or opposition," remarked Manmohan Singh in the letter.

“In the past ten years, the BJP government has left no stone unturned in castigating Punjab, Punjabis and Punjabiyat. 750 farmers, mostly belonging to Punjab, were martyred while incessantly waiting at Delhi borders, for months together. As if the lathis and the rubber bullets were not enough, none less than the Prime Minister verbally assaulted our farmers by calling them "Andolanjeevis" and "Parjeevi" (Parasites) on the floor of the Parliament. Their only demand was the withdrawal of the three farm laws imposed on them without consulting them," said the former Prime Minister.

On economic front:

Manmohan Singh further continuing his attack on Modi-led government said that in the past 10 years, 'the nation's economy has witnessed unimaginable turmoil.'

"The imposition of the demonetisation disaster, a flawed GST, and the painful mismanagement during the COVID pandemic has resulted in a miserable situation, where an expectation of a subpar 6-7 per cent GDP growth has become the new normal. Average GDP Growth under BJP Government has plunged to under 6 per cent, while during Congress-UPA tenure, it was about 8 per cent (New Series)," commented Singh.

"While the Congress-UPA, despite challenges, increased the purchasing power of our people, the misrule of the BJP Government has resulted in depletion of household savings to a historic 47-year low. Rural wages have witnessed a systematic fall, and wage disparity has led to widespread distress," noted Singh in the letter.

On Agniveer scheme:

On Agniveer scheme, Singh said "BJP govt imposed Agniveer scheme; it thinks value of patriotism, service is only 4 years, shows their fake nationalism."

"Those who trained for regular recruitment were woefully betrayed by the outgoing regime. The youth of Punjab, the son of the farmer, who dreams of serving the motherland through the Armed Forces, is now thinking twice about getting recruited only for a 4-year stint. Agniveer Scheme endangers National Security. Congress party has therefore promised to abolish the Agniveer Scheme," added Singh.

Earlier. during campaigning in various parts of the country, PM Modi had accused Singh of saying that Muslims have the first right on the country's resources.Singh said people of India are seeing through all of this. "This narrative of dehumanisation has now reached its peak. It is now our duty to save our beloved nation from these forces of discord," Singh said in the letter.

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News Network
June 1,2024

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Gautam Adani, chairman of multinational conglomerate the Adani Group, has reclaimed the title of the richest person in Asia with a net worth of $111 billion, according to the Bloomberg Billionaires Index. This came after the group's shares rallied up to 14 per cent on Friday.

With this, Adani has overtaken Reliance Industries’ Mukesh Ambani after nearly 5 months. Ambani stands at 12th rank with a net worth of $109 billion. He had overtaken Adani in net worth after his conglomerate's shares crashed following the Hindenburg report last January.

So far in 2024, Adani’s net worth has jumped $26.8 billion while Ambani's wealth has increased by $12.7 billion.

Last week, Adani also expressed his optimism about the future of the group saying that its best days are ahead.

“The road ahead is paved with extraordinary possibilities, and I can promise you that the Adani Group today is stronger than it has ever been," he said.

2023 had been quite challenging for the Adani Group after the Supreme Court ordered a panel to probe the allegations in the Hindenburg report. Adani, who was the third richest person in the world before the report, slipped in the rankings rapidly after the group's shares saw a sell-off.

However, later the Supreme Court ordered the Securities and Exchanges Board of India (Sebi) to conclude its investigation into the Adani Group and said no more probes were needed. Sebi had said that it could not reach an outcome in its probe.

The shares of the Adani Group have rallied after the judgement. In January, Adani had overtaken Ambani after nearly 12 months but later the lead was taken again by Ambani. Now Adani has overtaken Ambani again.

The Bloomberg Billionaires Index showed that currently, Bernard Arnault is currently the richest person in the world with a net worth of $207 billion. He is followed by Elon Musk and Jeff Bezos with total wealth of $203 billion and $199 billion respectively.

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News Network
June 1,2024

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After nearly two months of high-pitch campaigning and a hectic poll schedule of 7 phases, exit polls numbers have started coming in. According to five pollsters so far, the Narendra Modi-led NDA government is coming back to power with a landslide victory while the Opposition’s I.N.D.I.A. bloc managing somewhere between 125 and 150. 

Meanwhile, in a U-turn, Congress-led I.N.D.I.A. bloc has decided to participate in exit poll debates. Track all the latest updates on exit polls results as we provide you with minute-by-minute updates on the outcome of the Lok Sabha polls predicted by exit polls.

While the numbers vary, five exit polls are predicting that the INDIA bloc will be left far behind. None, though, have yet put the NDA across its dream score of 400 of 543 Lok Sabha seats. 

Exit Polls do not always get it right.

An aggregate of five exit polls indicates that the NDA will get 365 seats, the INDIA bloc will get 142 seats.

The maximum number of seats predicted for the NDA was 362-392, in the exit poll by Jan ki Baat. It predicts the Opposition bloc will get 141-161 seats.

It is followed by India News-D Dynamics, which is predicting that the NDA will get 371 seats and INDIA 125 seats.

The lowest score for the NDA comes from Republic TV-P MARQ – 359, and a corresponding higher score for the INDIA bloc, 154.

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