The Supreme Court on Tuesday made a scathing remark against Arunachal Pradesh governor, saying he had “no business” to send a message to the Assembly to hold the controversial session to discuss the disqualification of 14 rebel Congress MLAs.
A constitution bench headed by Justice JS Kehar – hearing with a batch of petitions on the political crisis in the state – observed the governor under the constitution has limited powers. “It is to ensure that democracy survives,” it told senior advocate Rakesh Dwivedi who on behalf of the rebel legislators justified the governor’s conduct.
The members of the bench felt it is only the speaker who is empowered to decide on the disqualification of the lawmakers and by advancing the assembly session the governor had exceeded his constitutional obligation.
“It is interference in the legislative process. He is interfering with the 10th schedule (of the anti-defection law),” the bench remarked.