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| Court verdict may allow Governors to regain dignity | | |
Over the years the prestige and powers of the Governors had been eroded by the successive central Governments.An impression has gained ground indicating the Governor can remain in office at the pleasure of the central Government even though he or she has been appointed as the constituitional head of the states by the President of India.In fact the Supreme Court displayed yet another instance of judicial activism when it disapproved the practice of replacing governors in an arbitrary and capricious manner with the change of power in the centre.The apex court's verdict has been given on a petition filed by BJP MP B.P.Singhal challenging the removal of Governors of Uttar Pradesh Gujarat,Haryana and Orissa by the previous UPA Government in 2004 in just one stroke.The Court judgement is specific as far as its directions to the Government is concerned regarding the removal or recall of the Governors.It has said that a Governor could be replaced only
under
compelling circumstances or reasons such as for proven misconduct or other irregularities.Removal of the Governors cannot be on political reasons.This way the Court has imposed restrictions on the Government as far as recall of the Governors is concerned.One important decision the court has taken is that in case the removal of the governors was malafide or irregular such a decision would be subject to judicial scrutiny and the court will have the powers to seek the reasons and explanation behind the action.The court has made it clear that since the governors are appointed and remains in office at the President's pleasure he or she cannot be removed merely because they are not in tune with the policies of the party forming the central Government.Though the central Government argued that the Governors act as a bridge between the centre and the state Governments they cannot disagree with the centre,the court did not uphold this argument.It has been seen
that the centre sends a panel of names to the President for appointing as Governors and usually the Government of India's choice is governed by its likes and dislikes.On many occasions the party in power in the centre has not shown any hesitation in sending party office bearers as Governors.Usually the centre keeps on sending its suggestions and views to the Governors as far as their do's and dont's are concerned.In 1977 when the Congress withdrew its support to the Government headed by Sheikh Abdullah the Congress,which was not in power in the centre,had tried to persuade the then Governor L.K.Jha to accept the Congress claim for forming the Government in Jammu and Kashmir.However,Jha stuck to the rule book and dissolved the Assembly which was followed by fresh Assembly election.In 1984 B.K.Behru,who had not completed his five-year tenure,was recalled after he did
not accept the central Government''s suggestion that he should allow those legislators,who defected from the National Conference to form the Government with the support of the Congress.He was replaced by Jagmohan which allowed the defectors,led by G.M.Shah,to form the Government thereby dislodging a duly elected Government headed by Farooq Abdullah.In 1990 the same Jagmohan was recalled when he had not comleted even five months of second innings because he had failed to quell largescale disturbances and prevent the killing of a number of civilians in firing opened by the security forces during the funeral procession of Molvi Farooq who had been assassinated by militants.Jagmohan was not responsible for the turmoil.In fact the V.P.Singh led Government in the centre had opted for removing Jagmohan as his appointment during the second time had enraged the National Conference and its supporters.The centre has misused its power for submitting a panel of
names for appointment as Governors and those people,whether in the Army,or in the civil services or in politics,who have remained by the right side of the paty in power in the centre get an opportunity to serve as Governors.And when the power in the centre changes hand these very Governors,despite their good work,are recalled.Possibly the court judgement may put a halt on this evil practice.
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