removal of the governor
Querist :
Anonymous
(Querist) 29 July 2010
This query is : Resolved
a writ petition is filed under article 32 as PIL in the wake of the removal of the governors of the state of UP and BIHAR by the president of India in the advice of Union Council. the petitioner has sought : (a)a direction to the union of INdia to produce entire files, documents and facts which form the basis of the order of the president of india, (b) a writ of certiorari, quashing the removals of the governors, (c) a writ of mandamus to respondents to allow the said four governors to complete their remaining term of five years.
(a) whether the petition is maintainable?
(b) what is the scope of "doctrine of pleasure"?
(c) what is the position of the governor under the constitution?
(d) whether there are any express or implied limitations/restrictions upon the power under article 156(1) of the constitution of india?
(e) whether the removal of the governors in the exercise of the doctrine of pleasure is open to judicial review?
s.subramanian
(Expert) 27 August 2010
It is a highly complicated question of law involving very great legal intircacies. Let us wait and see what the Supreme Court decides.
