In the “Oral” judgement by the Uttarakhand High Court, the learned judge raised his doubts on the decisions taken by firstly, the Union Cabinet lead by the Hon’ble Prime Minister and secondly and most importantly our Respected President and thereby quashing the President’s rule set by the Centre in Uttarakhand.
The point the judge was trying to make was that in these modern times, the judgement of such dignitaries would be clouded based on their political affiliations particularly for the ruling party.
In this sense alone by turning the tables, questions can also be raised of the judging abilities of the learned judge too. I am not a lawyer by profession nor a politician and don’t know the aspects of the law nor the Constitution. But, questioning the First citizen of our nation is unwarranted.
If we examine the facts of Uttarakhand alone, setting aside the huge hue and cry of the Opposition forces, the facts suggest that nine rebel MLA’s of the ruling Harish Rawat led government of the Congress party,had not voted in favour of the Budget Money Bill of the Government. Effectively, with the failure of the Money Bill the Government of the day, should resign, but with the help of the speaker Rawat survived.
The Speaker of the house, Govind Singh Kunjwal passed the money Bill, even when the opposition benches asked for a votes division and the following day disqualified the nine members from the house, effectively bringing down the House strength, if and when there is a Trust-Vote.
So, the learned High Court judge, who was very outspoken regarding the Center’s role in this whole fiasco had nothing to say regarding this outlandish behaviour of the Speaker who effectively cheated, to pass the Government over the Line.
It is here that, many students of our Constitution have had apprehensions about the role of the speaker where a willing speaker, for whatever reasons along with his BFF Chief Minister, can go on disqualifying members, for ignoring the party whip, effectively saving the government by way of reduced numbers of the house membership.
The Supreme court though, as expected, has stayed the matter untill further hearing on the 27th of April, and High Court Judge will be vindicated or not, it remains to be seen, but on thing is for sure, there will surely not be the same tone and wordings used by the Learned High Court judge regarding or President and the Centre.