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Nabam Rebia and Ors. v. Deputy Speaker and Others
Nabam Rebia and Ors. v. Deputy Speaker and Others
Nabam Rebia and Ors. v. Deputy Speaker and Others
64. Learned Counsel for the Appellants emphatically pointed out, that the reply of the
Secretary of the Legislative Assembly, was expressly to the letter bearing reference
number GS/1-115/00(Vol-II)/6742. The said reference number was recorded in the
letter, addressed by the Deputy Secretary attached to the Governor. Additionally, it was
pointed out, that the Secretary to the Governor was pointedly informed, that the notice
of the resolution of the Legislative Assembly for the removal of the Deputy Speaker,
was received in the office of the Secretary of the Legislative Assembly on 16.11.2015.
And it was noted in the reply, that the file was processed, and was under consideration
of the Speaker. It was therefore asserted on behalf of the Appellants, that the Governor
had complete information about the initiation of the notice of resolution for the removal
of the Deputy Speaker Under Article 179, and yet, the Governor continued to feign
ignorance about the same.
Based on the note/endorsement extracted above, it was submitted, that even though the
Deputy Secretary to the Governor, through his communication dated 7.12.2015, had
sought "A copy of..." the notice of resolution for the removal of the Deputy Speaker-
Tenzing Norbu Thongdok, the same was not furnished to the Governor. Further more, it
was pointed out from the note/endorsement dated 8.12.2015 (of the Superintendent of
Police-cum-ADC to the Governor), that even on his visit to the office of the Speaker,
when he had met the Secretary, the Additional Secretary and the Officer-on-Special
Duty to the Speaker, he was not furnished with a copy of the notice of resolution for the
removal of the Deputy Speaker. Rather he was informed, that the same was in the
personal custody of the Speaker, who was on tour in his home constituency. Learned
Counsel for the Respondents wishes us to draw a very important inference, from their
instant assertion. That, the factum of the custody of the notice of resolution for the
removal of the Deputy Speaker, was allegedly in the custody of the Speaker of the
House, and that, the Speaker never ever produced the original thereof. And the Speaker,
who is one of the Appellants before this Court, did not produce the same, even when it
was called for by the Court. And secondly, despite repeated efforts made by the
Governor, to obtain a copy of the notice of resolution for the removal of the Deputy
Speaker-Tenzing Norbu Thongdok, no such copy was ever furnished to him, by the
It was the submission of learned senior Counsel for the Respondents, that the letter-
head on which the two communications were addressed by the Secretary of the
Legislative Assembly on 8.12.2015, depicting details of the resolutions for the removal
of the Speaker and the Deputy Speaker, even though addressed on the same day, were
different. Having perused the same, we hereby affirm the assertion. It was also pointed
out, that the seal of the receipt affixed by the Governor's Secretariat, on the two letters
were markedly different, inasmuch as, the seal of the Governor's Secretariat on the
letter bearing No. LA/LEG-24/2015 (pertaining to the notice of resolution for the
removal of the Deputy Speaker) was of long and almost twice the size of the seal on the
letter bearing No. LA/LEG-26/2015 (pertaining to the notice of resolution for the
removal of the Speaker), which was circular. The former letter merely recorded in
writing the date 8.12.2015 on the receipt, whereas the latter bears a printed receipt
The three letters to which our attention was drawn bore numbers 23, 24 and 26. The
first communication which bears No. LA/LEG-23/2015 was dated 14.12.2015. The said
1 THE RT HON. BARONESS BOOTHROYD, The Role of the Speaker in the 20th Century,
The Parliamentary History Yearbook Trust, Vol. 29, Issue 1, Feb 2010, page 136
2 9.(1) There shall be a council of ministers, not exceeding ten in number, to aid and
advise the Governor-General in the exercise of his functions, except in so far as he is by
or under this Act required to exercise his functions or any of them in his discretion:
Provided that nothing in this Sub-section shall be construed as preventing the
Governor-General from exercising his individual judgment in any case where by or
under this Act he is required so to do.
(2) The Governor-General in his discretion may preside at meetings of the council of
ministers.
(3) If any question arises whether any matter is or is not a matter as respects which the
Governor-General is by or under this Act required to act in his discretion or to exercise
his individual judgment, the decision of the Governor-General in his discretion shall be
final, and the validity of anything done by the Governor-General shall not be called in
question on the ground that he ought or ought not to have acted in his discretion, or
ought or ought not to have exercised his individual judgment.
3 http://hansard.millbanksystems.com/commons/1935/feb/28/clause-9-council-of-
ministers
4 HC Deb 28 February 1935 vol. 298 cc 1327-63
5 http://hansard.millbanksystems.com/commons/1935/feb/28/clause-9-council-of-
ministers
6 http://hansard.millbanksystems.com/commons/1935/feb/28/clause-9-council-of-
ministers
7 HC Deb 05 March 1935 vol. 298 cc1787-887 to be found at
http://hansard.millbanksystems.com/commons/1935/mar/05/clause-12-special-
responsibilities-of
8 Sir Alladi Krishnaswamy Aiyar also refers to the "breakdown provisions" as brought
out subsequently in this judgment.
9 Constitutional Adviser to the Constituent Assembly
10 These quotations have been taken from "India's Constitution in the Making" by Sir
Benegal Rau (Edited by B. Shiva Rao), Allied Publishers Private Limited, pages 351 and
352
11 Constituent Assembly Debates, Vol. 8, 1949, pp. 490-491
12 Constituent Assembly Debates, Vol. 8, 1949, pp. 500-502
13 Section 50(2) of the Government of India Act, 1935 which reads: The Governor in
his discretion may preside at meetings of the council of ministers.
14 Constituent Assembly Debates, Vol. 8, 1949, p. 106
15 Parliamentary Debates Part II-Proceedings other than Questions and Answers. Official
Report Volume XII, 1951 (15 May 1951-6 June 1951). Third Session (Second Part) of
Parliament of India, 1951 = (First Amendment) Bill 16 May 1951 p. 8819
16 Parliamentary Debates Part II-Proceedings other than Questions and Answers. Official
Report Volume XII, 1951 (15 May 1951-6 June 1951). Third Session (Second Part) of