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President’s rule imposed in Uttarakhand

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Image source: www.wedio.in

Uttarakhand: With reports of Uttarakhand assembly Speaker Govind Kunjwal disqualifying nine rebel Congress MLAs emerged on Saturday night, President Pranab Mukherjee dismissed the Congress government headed by Harish Rawat and placed the assembly under suspended animation on the recommendation of the Union Cabinet.

The imposition of President’s rule in the state has brought the focus back on Article 356 of the Constitution – used and misused for decades by successive governments irrespective of their political ideology.

According to Article 356, President’s rule can be imposed in a state if a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Breakdown of constitutional machinery

The expression “breakdown of constitutional machinery” has not been defined in the Constitution. It can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of coalition or because of insurgency etc. Whatever may be the reason, the President has to be satisfied about of breakdown of constitutional machinery in the state.

Governor’s report or otherwise

Generally, the governor sends a report in this regard to the Centre and it’s his/her report that forms the basis for the Union Cabinet’s recommendation to the President for invoking Article 356 to impose President’s rule.

However, the provision also says that the President can take such a decision even “otherwise” (i.e. even in the absence of governor’s report). But in any case, the President has to be satisfied that the constitutional machinery has broken down in the state.

Governor’s discretion

While sending a report to the Centre, the governor is not supposed to go by the advice of the state cabinet and is exercises his or her own discretion. On the contrary, the President has to go by the advice of the Union Cabinet. But he can seek clarifications from the council of ministers.

Implications of President’s rule

Once President’s rule is imposed, the assembly ceases to function and the state comes under the Central government’s direct control. The assembly is generally kept in suspended animation. The powers of the state assembly become exercisable by or under the authority of Parliament. The executive power shifts from the council of ministers to the governor.

Once imposed, President’s rule must be approved by Parliament within a period of two months. It can’t last for more than six months unless its extension is approved by Parliament.

SR Bommai case

In the SR Bommai case, the Supreme Court ruled in 1994 that courts can’t question the Union Cabinet’s advice to the President but they can question the material behind the satisfaction of the President regarding breakdown of constitutional machinery. It also said that the use of Article 356 was justified only when there was a breakdown of constitutional machinery and not that of administrative machinery.

Bihar assembly dissolution case

The Supreme Court in January 2006 declared the dissolution of the Bihar assembly as null and void in the Buta Singh case. It held that the governor’s report could not be taken at face value and must be verified by the council of ministers before being used as the basis for imposing President’s rule. The “drastic and extreme action under Article 356” cannot be justified on whims and fancies of the governor and the council of ministers should not accept it as “gospel truth”.

Credits: HT

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The Unexpected Transfer Of Power In Congo

Felix Tshisekedi, the only one of six sons to enter politics, doesn't have his father's fire, some observers have said.

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Felix Tshisekedi, leader of the Congolese main opposition party, the Union for Democracy and Social Progress (UDPS) who was announced as the winner of the presidential elections gestures to his supporters in Kinshasa, Democratic Republic of Congo, Jan. 10 VOA

Felix Tshisekedi has emerged from his father’s shadow to become Congo’s next president. For decades that post eluded his father, the venerated opposition politician, Etienne, whose death in 2017 helped catapult his son into the limelight.

The passage of power from father to son is a familiar story in Congo, where President Joseph Kabila took office at age 29 after the assassination of his father, Laurent, in 2001. He stayed on two years beyond his mandate amid delayed elections that finally took place on Dec. 30.

Now Tshisekedi, 55, is taking over after a disputed vote, with his inauguration on Thursday marking troubled Congo’s first democratic transfer of power since independence in 1960 from Belgium.

Many Congolese say his surprise victory is one the largely untested opposition leader did not earn.

Congo, President, Election
Supporters of Felix Tshisekedi, Democratic Republic of Congo’s opposition politician declared winner of the presidential poll, sing and dance ahead of the Constitutional Court final decision on the presidential results, in Kinshasa, Jan. 19, 2019. VOA

Runner-Up Revolts

Runner-up Martin Fayulu on Sunday lost a court challenge to election results despite presenting leaked data from Congo’s electoral commission showing he easily won. Fayulu has declared himself the only legitimate president, but Congolese largely have not heeded his call for peaceful protests.

Fayulu and his supporters have accused Kabila of making a backroom deal with Tshisekedi when the ruling party’s candidate did poorly in the vote. Fayulu, an opposition lawmaker and businessman who is outspoken about cleaning up Congo’s sprawling corruption, has been seen by some as a bigger threat to Kabila and his allies.

Tshisekedi “was somebody who would compromise and somebody they felt they could work with because he wasn’t saying he would launch an investigation into Kabila,” said Andrew Edward Tchie, research fellow at the International Institute for Strategic Studies.

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Felix Tshisekedi, leader of the Congolese main opposition party, was announced as the winner of the presidential elections. He gestures to his supporters at the party headquarters in Kinshasa, Democratic Republic of Congo, Jan. 10, 2019. VOA

His presidency will essentially be “a continuation of the regime,” Tchie said. Even if Fayulu had been declared the winner “it would have been the same thing,” given that Kabila’s ruling coalition won a majority of the National Assembly.

Tshisekedi, who was largely quiet after the election, has not addressed the allegation of a secret deal. He told supporters after the court’s declaration of his victory that “the Congo that we are going to form will not be a Congo of division, hatred or tribalism. It will be a reconciled Congo, a strong Congo that will be focused on development, peace and security.”

Nobody thought the electoral process would be peaceful, Tshisekedi has said, and no one thought an opposition candidate would win.

After division among African leaders over the disputed vote, some have congratulated Tshisekedi and urged Congolese to move on in the interest of stability after decades of rebel-led turmoil that have left millions dead.

Until his surprise victory, Tshisekedi’s most notable political act had been briefly supporting Fayulu as the candidate of an opposition coalition last year but then breaking away within a day to pursue the presidency himself.

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Supporters of Felix Tshisekedi, who was announced as the winner of the presidential elections, celebrate in the streets of Kinshasa, Democratic Republic of Congo. VOA

Tshisekedi, the father of five, quietly built his career in the shadow of his father, taking over Congo’s most prominent opposition party only a year after his death.

He had been named the Union for Democracy and Social Progress party’s national secretary in 2008, and was elected a national deputy in 2011 to the city of Mbujimayi in Kasai Oriental province. He later won a National Assembly seat and in 2016 became the party’s vice secretary.

The party’s supporters are nicknamed “the fighters” for their outspoken following. When they speak of Tshisekedi or the UDPS, there is usually mention of his charismatic father.

“Etienne left us the agreement [for Kabila to leave], now Felix is going to be president,” said one supporter, Jean-Baptiste Lay.

Etienne Tshisekedi’s death came at a fragile moment for Congo. He was deeply involved in efforts to persuade Kabila to agree to step down amid sometimes deadly protests over the election delay.

The 84-year-old had formed the country’s first opposition party in 1982 against the longtime dictatorship of Mobutu Sese Seko and briefly served several times as prime minister.

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Congo opposition candidate Martin Fayulu greets supporters as he arrives at a rally in Kinshasha, Congo, Jan. 11, 2019. VOA

Tshisekedi went into exile in 2000 after clashes with Kabila’s father, who took power after Mobutu’s ouster. He made a triumphant return in 2003 as Joseph Kabila was early in his rule. He lost to Kabila in the 2011 presidential election amid allegations of vote-rigging and declared himself president in protest.

When he died in Belgium, Kabila’s government was so wary of the impact on people the return of his body to Congo could cause that until now they have blocked it from coming home.

Also Read: Calm Settles Over Congo After Election Result

Felix Tshisekedi, the only one of six sons to enter politics, doesn’t have his father’s fire, some observers have said. Questions remain about his abilities and qualifications. Some Belgian media have questioned the veracity of his diploma, but Congolese law says a candidate can either submit a diploma or serve a certain amount of time as a politician to qualify to run for president.

As Congo’s incoming leader inherits the troubled country, he will look to his father’s legacy. One of his first things Tshisekedi will do once sworn in, a spokesman said, is finally allow his father’s body to come home for burial. (VOA)