Nabam Rebia v. Deputy Speaker
Nabam Rebia v. Deputy Speaker (2016) held that Governor has no discretionary power to summon the Assembly when a motion for Speaker's removal is pending
Citation: (2016) 8 SCC 1
Case at a Glance
Summary
This five-judge Constitution Bench decision arose from the political crisis in Arunachal Pradesh and addressed crucial questions about the Governor's powers and the anti-defection law. The Court held that a Governor cannot use Article 163 discretion to summon, prorogue or dissolve the Assembly when a notice for Speaker's removal is pending. The judgment clarified that when the Speaker's removal notice is pending, disqualification proceedings cannot continue, creating a constitutional deadlock that requires resolution through proper procedures. The Court restricted the Governor's discretionary powers and reinforced that the Governor must generally act on ministerial advice.
