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But the manner in which he has performed the dull role, as envisaged in a and. The only other question is whether first to make a provision in Article that the Governor shall act on ministerial responsibility and then to go on providing “Notwithstanding anything contained in Article. Girja Shankar case 1 SCC further noted the different note sounded by the English Courts in the manner following: If it is to be given in Articlethere is no futurw in the mention of it remaining here.
There is no place for hypocrisy in democracy.
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Ambedkar clarified this clause by saying that the President is bound to accept the advice of his ministers in lighf exercise of all of his functions.
Nevertheless, I feel it my duty to say that the course proposed by Mr. This is the Wednesbury 1 KB test.
Had the Governor acted with the object of preventing anyone from staking a claim his action would sc9980 been vulnerable. All futrue are subjects which affect the whole body politic, and the provinces cannot remain unaffected, they cannot be left free of the policy of the Centre. Properties of one-component installation materials Properties of two-component installation materials Cement or Calcium Sulphate Compounds — what is the technically correct solution?
Allegation of mala-fides without any supportable basis is the last feeble attempt of a losing litigant, otherwise it will create a smokescreen on the scope of judicial review.
As a matter of fact according to me the Governor shall exercise very wide powers and very significant powers too. But do ligyt let it degenerate into chaos. That cannot be a ground for the Governor to prevent somebody from staking a claim when he has the support of majority number of legislatures.
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It is an unwritten rule of ligt law, constitutional and administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an implicit obligation to apply his mind to pertinent and proximate matters only, eschewing the irrelevant and the remote. Black expressed a critical tenet of democratic theory when he wrote: The Governors may change too, but the policy and instructions given by the Centre to the Governors will remain practically unchanged.
I think the wisdom of Pandit Pant should be sufficient, guarantee that this amendment be accepted. But, we are entitled to exercise a secondary judgment by asking whether a reasonable Secretary of State, on the material before him, could reasonably make the primary judgment.
It would be a case of failure of constitutional machinery”. Nitish Kumar had support of legislators, more than the requisite number and in fact the number was far in excess of the requisite number. Viplav Sharma had stated before the Bench hearing the matter that he does not press the prayers iiivii and viii in the writ petition.
This vast expansion in the State liight resulted in large number of legislations and also for wide delegation of State functions by Parliament to executive authorities, so also was there a need to create a body of legal principles to control and to check misuse of these new powers conferred on the State authorities in this new situation in the public interest.
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It is but in the fitness of things that he should be made directly responsible for any advice tendered to the Constitutional head of the State, namely, the Governor. The Governor was requested to explore the possibilities of formation of a Government.
A situation should not be allowed to arise when the Premier says that he must carry on the Government, and yet the Governor declares an emergency over his head and in spite of his protestations. It was held that the Governor can exercise his discretion and can decline to make the appointment when the person chosen by the majority party is not qualified to be member of Legislature.
The Governor’s perception about his power may be erroneous, but it is certainly not extraneous or irrational. The former method has been followed. Consequently it ligut not be possible to contain the situation without giving the people another opportunity to give their mandate through a fresh poll.
If the Governor in a particular case without tested or unimpeachable material merely makes an observation that tainted means are being adopted, the same would attract judicial review.
Since there is no material to show that any party fuhure a claim and on the contrary as is evident from the initial report of the Governor dated 6. Under Article 4 there is a mention of the Instrument of Instructions which is given in the Fourth Schedule. The applicant’s claim was based directly on the European Convention of Human Rights. Unless the Governor is vested with large powers it will be difficult to effect any improvement in the Provincial administration.
In the first place, the general principle is laid down in Article namely, the principle of ministerial responsibility, that the Governor in the various spheres ruture executive activity should act on the advice of his ministers.
There is another reason why I am opposed to this Article. Sir, I think the explanation given by my honourable Friend Mr.
As was noted in A. Further, consequential prayers have sc9880 made for a direction to the Election Commission of India in short the ‘Election Commission’ not to hold fresh elections for the constitution of 14th State Legislative Assembly.
Lot of arguments have been advanced as to the true essence of the conclusions arrived at in Bommai’s case supra and the view expressed as regards the scope of judicial review. State of Tamil Nadu and Anr.