Back to square one? Uttarakhand HC sets aside President’s rule, orders floor test

The Uttarakhand High Court today set aside the Centre’s decision to impose President’s rule in the state, according to news reports. A Bench of Chief Justice KM Joseph and VK Bist J. also ordered a floor test to be conducted next week, on April 29..This decision mirrors the single bench’s ruling on March 29, wherein it ordered a floor test in the state Assembly after ousted Chief Minister Harish Rawat filed a petition challenging the imposition of President’s rule on March 27..That order was stayed by a Division Bench headed by Chief Justice Joseph the very next day. And it now appears that the court has reverted to its previous stance..Reportedly, the Centre had invoked the High Court’s ire after one of its counsel submitted that he could not give assurances that the government would recall its imposition of President’s rule until the matter was dealt with in the High Court. Apart from Attorney General Mukul Rohatgi, who was in the Supreme Court today, the Centre was represented by Additional Solicitor General Tushar Mehta and Assistant Solicitor General Rakesh Thapliyal..After setting aside the Centre’s order, the court had rather strong words for the counsel present..It reportedly observed,.“Otherwise you can do this in every state. Impose President’s Rule for 10-15 days and then ask someone else to take oath. More than angry, we are pained that you are behaving like this. That the highest authority – Government of India – behaves like this. How can you think of playing with the court?”.The likes of Abhishek Manu Singhvi, Harin Raval and Kapil Sibal had appeared for the Chief Minster in the High Court. It now remains to be seen whether the Centre will approach the Supreme Court after being reproached by the High Court..In fact, after the Uttarakhand High Court passed its order, rumours were rife in the apex court that the matter would be mentioned by Attorney General Rohatgi before the Bench presided by Chief Justice of India TS Thakur. Senior Advocates and Congress party leaders Sibal and Singhvi then rushed into the Chief Justice’s court at around 3.55 pm, anticipating the Centre’s mentioning. However, the matter was not mentioned..This decision has been perceived as a major embarrassment for the Modi government. Subramanian Swamy reacted by saying that the government counsel were “unprepared” and ought to be replaced.