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Whatever may be the procedure or convention wc980 the Cabinet itself, however the decisions of the Cabinet may be taken, so far as sc80 Governor is concerned, I take it that the responsibility would be of the Chief Minister who will advise also about the appointment of his colleagues or their removal if it should be necessary.
I think a mischievous Governor may even try to create such a situation if he so decides, or if the President wants him to do so in a province when a party opposite to that in power at fuure Centre is in power.
Defections lighh at the root of representative government. Its function is to provide a continuing framework for the legitimate exercise of governmental power and, when joined by a Bill or Charter of rights, for the unremitting protection of individual rights and liberties.
This could be achieved by talking to the elected representatives. The only explicit provisions retained were those relating to Tribal Areas in Assam where the administration was made a Central responsibility. Therefore, the serious objection that Mr.
If these attempts are allowed it would be amounting to tampering with Constitutional provisions. Thus, the availability of proper and relevant information about the candidate fosters and promotes the freedom of speech and expression both from the point of view of imparting and receiving the information.
The gear part of th eholder is the part that faces the stage ie black side of gobo other side faces lamp. The House was assured that the Government was not interested in continuation of President’s Rule for a long time. Can livht governor whose constitutional duty is to safeguard the purity throw up his hands in abject helplessness in such situations? It is submitted that the report does not even show a trend of any partisan approach vis-a-vis any political party by the Governor who was acting independently.
In Bommai’s case supra though all the learned Judges held that exercise of power under Article 1 of the Constitution is subject to judicial review but in the matter of justiciability of the satisfaction of the President, the majority view was to the effect that the fkture evolved in Barium Chemicals Ltd.
Stand of the petitioners is that even if it is accepted to be correct, there is no constitutional provision empowering the Governor to make the same basis for not allowing a claim to be staked. Press [Enter] if you wish to select one of them.
But so long as there are later Articles which permit the Governor to act in his discretion and not on ministerial responsibility, the Article as drafted is perfectly in order. Thus Justice Hugo L. President, I beg to move:.
Pacific 20deg, 30deg, 40deg, 50deg 90deg.
However, the principle of “strict scrutiny” or “proportionality” and primary review came to be explained in R. The facts of this present case are exceptional. That cannot be a ground to hold the report to be vulnerable. It would also be appropriate to take note of very enlightening discussions in the Constituent Assembly which throw beacon light on the role of Governors, parameters of powers exercisable under Articles and of the Constitution.
The Governors may change too, but the policy and instructions given by the Centre to the Governors will remain practically unchanged. The mere fact that a Judge, earlier in the same case or in a previous case, had commented adversely on a party-witness, or found the evidence of a party or witness to be unreliable, would not without more found a sustainable objection.
It was observed that in such a case the Constitution prevails over the will of the people. But when the ministers are not in existence who shall advise him in the discharge of his functions? We are becoming a much governed nation, governed by all manner of councils and boards and officers, central and local, high and low, exercising the powers which have been committed to them by modern statutes.
In the instant case, the Governor’s report reveals that the source of his opinion was intelligence reports, media reports and discussions with functionaries of various parties. Kamath seeks to omit must remain. It related to cases where elected governments were in office and the Governors directed dissolution.
The scope of judicial review of Governor’s decision does not and cannot stand on the same footing as that of any other administrative decision.
He will be a man above party and he will look lihgt the Minister and government from a detached standpoint. I hope this amendment of mine will commend itself to the House. MH8 60 Moving Head spot. What the Governor had indicated in his report dated At the same time, in the Cabinet the Prime Minister or the Chief Minister or by whatever title he is described would be the Principal Adviser and I would like to fix the responsibility definitely by the Constitution on the Chief Minister, the individual Ministers not being in the same position.
The underlined theme of the recommendations is to promote a constitutional structure and culture that promotes co-operative and sustained growth of federal institutions set down by the Constitution.
Rameshwar Prasad And Ors vs Union Of India And Anr on 24 January,
In selecting a Governor in accordance with the above criteria, persons, belonging to the minority groups continue to be given a chance as hitherto. The functions provided are described in the following sections and the function xc980 is shown below.
The conduct of the Governor may be suspicious and may be so in the present case, but if his opinion about the adoption of tainted means is supportable by tested materials, certainly it cannot be extraneous or irrational. In expounding the processes of the fundamental law, the Constitution must be treated as a logical whole. Lord Bridge explained the primary and secondary review as follows:. The institution of Governor remained largely latent.
The SC is cooled by axial fan situated at the rear side of the lighting. The technical knowledge and resources at the disposal of Governments in ancient times were of a very meager character.
It has also been prayed to direct stay the effect and operation of the purported report dated S980 Article and the amendments are open to discussion.