Supreme Court notice to centre over governors' dismissal


New Delhi, Aug 21 (IANS): The Supreme Court Thursday issued notice to the central government on a petition filed by Uttarakhand Governor Aziz Qureshi challenging the procedure followed in securing his resignation in the wake of BJP coming to power.

An apex court bench headed by Chief Justice R.M. Lodha said the matter would be heard by a five-judge bench as it involved the interpretation of Article 156 of the constitution on the point of the procedure to be followed for seeking removal of the governors in the exercise of the president's pleasure.

The court response came after senior consul Kapil Sibal said that a governor can only be removed by the president and the home secretary could not just pick up the phone and ask him to resign.

He said there has to be a procedure to secure the resignation of a governor.

Citing an earlier constitution bench judgement, Sibal said the apex court has held that a governor is not an employee of the central government and occupies the office at the pleasure of the president.

  

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Comment on this article

  • Vincent Rodrigues, katapadi/Bangalore

    Fri, Aug 22 2014

    Governors to the states are appointed by the President and removal of the Governor shoud also be the right of the President and nobody else.Hope the Supreme Court will take a firm decision in this matter to stop misusing the powers from the political ruling party.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Roshan, Mangalore

    Fri, Aug 22 2014

    Judiciary expected and hopped BJP will return the favors rendered to it. Unfortunately, having found it itself is under sieze, judiciary is fighting back. If Modi govt. strikes co-ordial cord, some decisions may go in its favor. If not the future battle will be courts/media and BJP. End of the day all are fighting for survival burried neck deep in corruption. So far media is quite silent on Govt's illegitimate decisions, like sacking honest vegilence officer etc. Time to wait and watch.

    DisAgree Agree [3] Reply Report Abuse

  • Jacintha, middle east

    Fri, Aug 22 2014

    One good thing is : Due to the fisty fight and running to the court by these political parties, citizens are getting to know the law. We are getting to know the law, it's interpretation, the power/position of each constitutional role etc. This kind of education was never freely available, and I for one, never logged into the official site and tried to understand.

    I hope we arm ourselves with all this knowledge and understand how well/bad our constitution is and how strong/weak our country is.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Jayanth, mangalore

    Fri, Aug 22 2014

    Governors not appointed by the President in reality. It is appointed by the political party. When congress come to power they sacked most of the Governors and now BJP. What is the difference. Now a days governors are working for their political parties in the states than working for the betterment of the State. They will listen to the High command of the Party than the President. One of the best example is Mr.Bharadwaj in Karnataka.

    DisAgree [2] Agree [6] Reply Report Abuse

  • Anilkumar, Mangalore

    Fri, Aug 22 2014

    Day by day the politicians are adopting the undemocratic systems prevailing in countries like Pakistan, Egypt, Iraq and other middle East countries. This is a dangerous sign.
    If people don't protest, India will soon reach the same state as these countries. Democracy will only for names sake.

    DisAgree [1] Agree [10] Reply Report Abuse

  • vellano1, Mumbai

    Thu, Aug 21 2014

    Janaaab Quraishi saab, Kaahe aag se khel rahe ho! ye Kapilwa aap ko dubayi raheen!! aapki bhi IB report ban rahi hogi!

    Bakre ki maa kithne din khair manayegi? kabhi na kabhi baari aayegi! This is what happend with those governors.. else they are also prakaand pandits in Law only!! chupchaap kyun chale jaate.. -)

    DisAgree [6] Agree [3] Reply Report Abuse

  • Anil, dubai

    Thu, Aug 21 2014

    Beating chest n barking loud feku got slap on face so also another feku who doesn't know the procedure...d home minister...good Mr Aziz. The bad time started for bjp....its started from the toilet.....

    DisAgree [4] Agree [10] Reply Report Abuse

  • Ronnie D'souza, Mumbai/Kemmannu

    Thu, Aug 21 2014

    Any start with crooked intentions-the end will be crooked. God bless our Country India.

    DisAgree Agree [6] Reply Report Abuse

  • HubertD'souza, Mangalore Dubai

    Thu, Aug 21 2014

    Days Are Not More To Dismissal supreme court Judges.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Anil R, panjikallu kajebailu

    Thu, Aug 21 2014

    @Dinesh Poojary, Kundapura/Bengaluru
    then y cant we remove most of the current ministers?
    as they have criminal as well as corrupt background..

    DisAgree [1] Agree [9] Reply Report Abuse

  • Vincent Praveen Castelino, Pernal / Mumbai

    Thu, Aug 21 2014

    Thank God..the true sense prevailed finally and a person like Mr. Aziz Qureshi's stature challenging the "Centers Decision" in Supreme Court!!!

    If there was no Supreme Court today in our country the ruling "BJP & RSS" can go to any extent to do what they want. They are ever ready to even "Rewrite/Axe/Repeal the Indian Constitution" and make it as a Hindu (Hindustan) Constitution!!!

    In a democracy any "Amendments are the Key" and "Need of the Hour" and citizens should welcome such moves from the grand old system.

    But certainly not thinking of "Wipe Out" etc.

    DisAgree [2] Agree [6] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Aug 21 2014

    Stop blaming our FEKU. He has to accommodate Advani and Murli as Governors ...

    DisAgree [2] Agree [8] Reply Report Abuse

  • Mahendra Shetty, Mumbai Mangalore

    Thu, Aug 21 2014


    THE GOVERNORS WILL LOSE THIS CASE AS WHOM THE CENTRAL GOVT REMOVED ARE CORRUPTS....THERE IS STRONG CORRUPT CASE AGAINST THEM....
    NEXT NUMBER IS CWG FAME SHEILA DIXIT....SONIA PURPOSEFULLY APPOINTED HER AS A GOVERNOR TO AVOID ANY INVESTIGATION......THE WHOLE INDIA LOOTED BY CHOR PARTY LED BY ITALIAN WAITRESS....

    DisAgree [8] Agree [7] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Aug 21 2014

    One fine day Supreme Court will realize that these guys are all DUFFERS ...

    DisAgree [3] Agree [9] Reply Report Abuse

  • KRPrabhu, Bangalore

    Thu, Aug 21 2014

    Forget about the Governors dismissal,here in Karnata Siddu Govt immediately assuming power issued notices to all Chiefs of various corporation/Academies like Tulu Academy,Karnataka Konkani Academy.Yakshagana Acedemy etc., toresign immediately.Though they are appointed by then BJP Govt many people holding top posts never alligned with BJP openly during the elections or otherwise where as the present President of Karnataka Konkani Academy,during election time openly worked for Poojary in Mangalore.Very cheap menatlity and shameful when it is a fact that all members of the Konkani Community people belong to all political parties whci should be respected.

    DisAgree [25] Agree [12] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Fri, Aug 22 2014

    Prabhu,

    Umanath Kotian, then Tulu academy chief active politician and BJP candidate for Moodbidri Assembly constituency ...

    Anwar Manipady...Minority ...CHELA OF KPB and Sadanda gowda.....

    examples are plenty....such sackings are precedent when change of guard takes place..but Constitutional Institution such as Governor's removal, now days scrutiny of SC...These development are recent one.

    DisAgree [4] Agree [6] Reply Report Abuse

  • john mathias, mumbai

    Thu, Aug 21 2014

    modi govt.blatantly misusing the power to sack a governor

    DisAgree [16] Agree [44] Reply Report Abuse

  • R.Fernandes, Dubai

    Thu, Aug 21 2014

    Where you were sleeping when congress was misusing all the government machneries in their favour?
    This is called politics taught by our forefather Chanakya!
    Everything is fair in politics as far as it is played under constitutional limits.

    DisAgree [6] Agree [3] Reply Report Abuse

  • Abdul Rafiq, Uchila / Dubai

    Thu, Aug 21 2014

    BJP or Modi never respect or follow the constitution. For take the revenge they can do anything. It is good to hear that SC issued notice to the central govt on governor' dismissal issue.

    DisAgree [11] Agree [41] Reply Report Abuse

  • JNB, Bejai

    Thu, Aug 21 2014

    BJP need more experience in political.
    So far they had well experience only in goondagiri - dadagiri and Fek....

    That will not work in minimum governance or maximum govern...

    DisAgree [10] Agree [36] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Fri, Aug 22 2014

    JNB, Bejai

    You mean BJP has to take the experience from congress on 2G, CoalG, CWG, Adarsh..?

    DisAgree [7] Agree [3] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Thu, Aug 21 2014

    Is Modi govt followed natural justice before sacking Constitutional institution head Gov?Certainly not it is a political vendetta and difference of opinion in ideology.Prez appoints Gov and will remain in office under doctrine of pleasure.Modi govt shall give reasonable answer to SC constitutional Bench for fair removal or Political vendetta!!

    DisAgree [15] Agree [38] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Thu, Aug 21 2014

    Ismail,

    As per Indian constitution "pleasure of president" means what is "recommendation of Union Cabinet"....

    You know Indian president cannot change a comma or full stop from a "speech" sent to him by union cabinet to read in parliament...

    Indian president has no powers like US president...who pretty much can do what he wants...Veto any legislation he wants...as long as Legislatives have two thirds majority to negate Presidents veto...

    That's why Indian President is called "Rubber Stamp" of Union Cabinet....Other than Giani Jail Singh,,,no body attempted to confront the Government...I don't think current president has stomach for that confrontation...

    Ismail, time will answer this,,, lets wait and see...

    ...JH...

    DisAgree [10] Agree [15] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Fri, Aug 22 2014

    Langoolacharya,

    Reference to your comments, I can recall BP Singhal versus Union Govt of 2004, ARTICLE 156 interpretation in the SC lead to Governor's reinstatement(UP,HARIANA GOA GUJ.SC also interpreted pleasure of President is not subject his personal pleasure and there should some certainty of the tenure of GUV.SC also said that GuV is not servant of Central Govt.

    THE WITHDRAWAL OF PREZ'S PLEASURE UNDER ARTICLE 156,CAN'T BE DISCRETION,UNREASONABLE OR MALA-FIDE NOR IT CAN BE ARBITRARY.THE REMOVAL SHOULD BE UNDER THE CIRCUMSTANCES OF 'ANTI CONSTITUTIONAL,INCOMPETENCE,MISBEHAVIOR Etc etc...There this writ petition will stand in SC and Modi govt likely to get it's face red!!

    DisAgree [7] Agree [6] Reply Report Abuse

  • Dinesh Poojary, Kundapura/Bengaluru

    Thu, Aug 21 2014

    Ismail Perinje,

    Don't worry, we will answer SC properly.

    We have removed Guvs because of 2 reasons.

    1. They are incompetent. They were recruited by prev govt on political loyalties.

    2. They have some criminal or corruption Backgrounds.

    We have not removed all Guvs appointed by previous Govt. The deserved ones still serving as Guvs.

    DisAgree [26] Agree [19] Reply Report Abuse

  • JNB, Bejai

    Thu, Aug 21 2014

    WHO WE?

    DisAgree Agree [8] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Fri, Aug 22 2014

    JNB,

    Good question and Dinesh Poojari belongs that gang....In other words,'WE' govt only got 32% mandate ,hence the term is apt here.

    DisAgree [6] Agree [7] Report Abuse

  • Dinesh Poojary, Kundapura/Bengaluru

    Fri, Aug 22 2014

    ISMAIL K PERINJE., PERINJE.

    You have only 44 useless jokers. You are not eligible for RUNNERS UP also. Think about that.

    DisAgree [8] Agree [7] Report Abuse

  • RSRB, Kundapura / Singapore

    Fri, Aug 22 2014

    ISMAIL K PERINJE., PERINJE

    You remember natural justice only when Congress suffers. Why you did not remember it when Congress kicked out so many governors before?

    You must have added one more line in your comment about your empathy on previous governors insult....

    By the way, this entire process is taught by congress. They start appointing congress workers into governor position even to the president position.

    DisAgree [7] Agree [10] Reply Report Abuse

  • Anees, karkala

    Thu, Aug 21 2014

    Now chief justice under treat...central govt administration... start to smelt down.. everyone move to court for justice..AAnewalaaa acche din aayega..sab ka vikas desh ka vikas..

    DisAgree [8] Agree [26] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Thu, Aug 21 2014

    Do you think Modi will take action without preparation?
    In LoP incident, Kapil Sibal lost shamelessly. Now he will loose again and better resign from practicing law

    DisAgree [43] Agree [21] Reply Report Abuse

  • Shahul, Honnali

    Thu, Aug 21 2014

    RSRB

    You are absolutely correct.He will take action without preparation.Example: 2002 riot

    DisAgree [2] Agree [6] Reply Report Abuse

  • Homer, bharat

    Thu, Aug 21 2014

    Only Time will tell

    DisAgree Agree [4] Reply Report Abuse


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