NEW DELHI: Giving its judgement on the controversial President’s rule in Arunachal pradesh, the Supreme Court had on Wednesday downsized governor’s discretionary powers saying that ‘Governors have no role in political affairs of the state, as long as the Council of Ministers headed by the Chief Minister enjoys a majority.
The comments came from a five-member constitutional bench comprising of Justices J S Khehar, Dipak Misra, Madan B Lokur, P C Ghose and N V Ramana, which upheld the earlier Nabam Tuki’s government in Arunachal Pradesh. The bench had also directed the Central Government to refrain from imposing president’s rule without satisfying the given conditions as laid down in the constitution.
“We have seen that the Governor has never mentioned in his reports to the Central Government that the then state government is in minority. When a state government is in majority, there is no role for the Governor in the political affairs of the state. He has to close his eyes even if there is horse-trading, unless the government becomes a minority. All the Governors of the states must note that their discretionary powers will come into force only in the cases, where the current government ends in minority”, the apex court said.
The constitutional bench, also pointed towards the unlawful method followed by the Arunachal Pradesh Governor in ordering the meeting of the state assembly, ahead of the scheduled date for the impeachment of the Speaker. “We don’t understand what is the need for the Governor to discharge the functions of a speaker there”, the court commented.
On the other hand, the Central Government has filed a petition in the Supreme Court to review the decision.