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Case explanation · Constitutional Law I

Nabam Rebia Case Explained

  • 8 min
  • 4 chapters

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In this lecture, we examine the landmark Constitution Bench judgment in Nabam Rebia v. Deputy Speaker arising from the Arunachal Pradesh constitutional crisis. Understand the legal limits of the Governor's discretionary powers under Articles 163 and 174, the Speaker's disqualification powers under the Tenth Schedule during pending removal motions, and the Supreme Court's historic decision setting aside President's rule. In this video you will learn: • Understand the factual matrix of the 2015 Arunachal Pradesh political crisis • Examine the scope of ministerial aid and advice under Article 163 • Analyze the limits of Governor's summoning powers under Article 174 • Learn the disability of the Speaker under the 10th Schedule during removal proceedings under Article 179(c) • Review the grounds on which the Supreme Court set aside President's rule and restored the state government Topics covered: • Facts of the Arunachal Pradesh Political Crisis • Constitutional Issues Framed by the Supreme Court • Governor's Discretionary Powers under Article 163 • Summoning and Proroguing Legislative Assembly under Article 174 • Speaker's Disqualification Powers under Tenth Schedule • Notice for Removal of Speaker under Article 179(c) • Judicial Review of President's Rule and Restoration of State Government Important case laws: • Nabam Rebia v. Deputy Speaker Statutory provisions discussed: • 10th Schedule, Constitution of India • Article 163, Constitution of India • Article 174, Constitution of India • Article 179(c), Constitution of India Useful for: LL.B. (3-year and 5-year integrated), UGC NET Law, CLAT PG, University semester exams and Judiciary aspirants. Chapters: 00:00 Arunachal Pradesh Crisis Facts 03:09 Issues Before the Supreme Court 05:18 Speaker Disqualification Power Under 10th Schedule 06:43 President Rule Setting Aside & Conclusion Notes and study material: https://www.thelaweasy.com #ConstitutionalLaw #NabamRebia #TenthSchedule #IndianPolity #LawEasy

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Nabam Rebia

Supreme Court of India · 2016

The Supreme Court held that the Governor's discretion under Article 163 is limited. The Governor cannot advance (prepone) an Assembly session or fix its agenda without the aid and advice of the Chief Minister and Council of Ministers, and his actions are open to judicial review. The Court also held that a Speaker facing a pending removal notice should not decide disqualification petitions under the Tenth Schedule. It restored the status quo ante and reinstated the Nabam Tuki government, which makes this a landmark case on federalism and the office of the Governor.

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Rameshwar Prasad vs Union of India

Supreme Court of India (Constitution Bench) · 2006

First, let us understand the basic meaning. Normally, a Legislative Assembly is elected, meets, and functions for up to five years unless dissolved earlier. Rameshwar Prasad & Ors. vs. Union of India (2006) asks a startling question: can an assembly be dissolved before it has even held its first me…

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Public Interest Foundation vs Union of India

Supreme Court of India (5-Judge Constitution Bench) · 2018

First, let us understand the basic meaning. India's Constitution already lists specific reasons a person cannot become a Member of Parliament under Article 102 . But what happens when a serious social problem — people facing serious criminal charges contesting and winning elections, then going on t…

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