No floor test in Uttarakhand Assembly on April 29

The Supreme Court said on Wednesday that the President’s Rule will continue in Uttarakhand and nullified the possibility of a floor test in the Assembly to be held on April 29. 

The apex court also acknowledged that it is only the natural corollary to examine if the ruling party enjoyed the majority. “Article 356 (Presidential proclamation) is a rare phenomenon. If a government is in minority, floor test has to happen as a natural corollary. Ultimately, even if we sustain the President’s Rule then also floor test will have to happen,” a bench of Justices Dipak Misra and Shiva Kirti Singh said.

The court, however, extended its stay on the Uttarakhand High Court order, while indicating that it would decide Centre’s  appeal by May 13. The bench has decided to frame larger issues of law to adjudicate upon different aspects of President’s



rule and fixed the matter for next hearing on May 3.

Attorney General Mukul Rohatgi reiterated the undertaking by the Centre that it would not revoke President’s Rule without an approval of the court.  In his submission, Rohatgi contended that once the money bill had failed in the Assembly, the inescapable inference was that the Congress government had lost its majority. 

But the bench replied that the real issue revolved around the fact that the speaker maintained the bill had been passed.

“Speaker is the master of the house. Whether a bill has been passed or not, can the Centre or the President look into it? What was the number of MLAs voting for this side or the other side is also for the Speaker to decide. How can somebody else get into the business of the house? It is a million dollar question,  ” the bench said.