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He enquired whether the Drafting Committee intended to make that provision later on. Then, if Article is yet to be discussed–and it may well be rejected–then it is not proper to give these powers in this Article beforehand.

It is the basic requirement of a Public Interest Litigation that persons who are affected are unable to approach the Court. It only means that the Ministers have the right to tender advice to Governor. Kapur’s case supra in such an event the constitutional purity has to be maintained and the Constitution has to prevail over the will of the people. Alpha Spot Alpha Profile fixed wheel. Competent men are not available and there are all kinds of things going on in the various provinces.

I feel that at this juncture it is necessary that all powers should remain centralised in the hands of the Government of India.

It is submitted that similar views regarding horse trading etc. In turn, it would lead to the preservation of the integrity of electoral process which is so essential for the growth of democracy.

As amply proved, the petitioners have not approached this Court with clean hands and therefore are not entitled to any relief. It was noted as lght. The Sarkaria Commission has made 12 recommendations; 11 of which are related to Article while 1 is related to Article of the Constitution. To vote against party is disloyalty. President, Sir, I move:. This aspect also has been discussed in Section 14 of this Chapter.


It is easily enacted and as easily repealed. It is philosophy, politics, society, and law all in one. The scope of judicial review was delineated by this Court in State of Rajasthan and Ors. The Governor cannot refuse to allow formation of a Government once the majority is established.

Once enacted, sc80 provisions cannot easily be repealed or amended.

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So he has the power to appoint his ministers. The scope of judicial review is limited to the deficiency in decision-making process and not the decision. The Tenth Schedule cannot take care of all situations and certainly not in the case of independents.

Sir, there is really no difference between those who oppose and those who approve the amendment.

The former method has been lifht. Deshmukh about the power being given to the Governor to preside over the meetings of the cabinet I have to oppose it.

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Two important issues were considered. The Governor should not be allowed to dismiss the Ministry, so long as it enjoys the confidence of the House.

This could be achieved by talking to the elected representatives. It would all depend upon the facts of each case. Union of India 2 SCC.

Special holder made by VL. It may, therefore, be more practicable to delink the two conditions allowing for operation of each condition in its own specific circumstances for continuation of the President’s Rule. Llght however suspicious conduct of the Governor may be, and even if it is accepted that he had acted in hot haste it cannot be a ground to term his action as extraneous.

Take for instance subjects like Defence involving questions of peace or war, of relationship with foreign countries; of our commercial relations, exports and imports.


Liight Governor’s report should be a “speaking document”, containing a precise and clear statement of all material facts and grounds, on the basis of which liggt President may satisfy himself, as to the existence or otherwise of the situation contemplated in Article Udai Narain Sinha v.

Acrobat Moving Head. The burden of the complaints against the behaviour of Governors, in general, is that liht are unable to shed their political inclinations, predilections and prejudices while dealing with different political parties within the State. I would like to draw the attention of the members of the Drafting Committee to this and to see if it is fkture either to accept an amendment to Article by leaving it over or by making this provision in some other part.

It was further observed that accepting submissions as were made in sc98 case that the Governor exercising powers under Article libht read with 4 was obliged to appoint as Chief Minister whosoever the majority party in the Legislature nominated, regardless of whether or not the person nominated was qualified to be a member of the legislature under Article or was disqualified in that behalf under Article ,and the only manner in which a Chief Minister who was not qualified or who was disqualified could be removed was by a vote of no-confidence in the legislature or by the electorate at the next elections and that the Governor was so obliged even when the person recommended was, to the Governor’s knowledge, a non-citizen, under age, a lunatic or an undischarged insolvent, and the only way in which a non- citizen, or under age or lunatic or insolvent Chief Minister could be removed was by a vote of no-confidence in the legislature or at the next election, is to invite disaster.