The Supreme Court today ruled that governors of states cannot be removed arbitrarily whenever a new coalition or party takes over the reins at the Centre.
A five-judge bench headed by Chief Justice K G Balakrishnan said a governor cannot be removed merely because he or she does not act in tune with the ruling party in the Centre or a state.
Though the governor is appointed and remains in office at the “pleasure” of the President, there must be compelling reasons — like proven misconduct or other irregularities — for changing him or her and the reasons would depend upon the facts and circumstances of each case.
The judgment came in response to a public interest suit filed by former BJP parliamentarian BP Singhal. The petetion contended the governors were treated in an arbitrary and capricious manner and said they should be allowed to complete the full five-year term as provided in the Constitution.
It pointed out that in recent times, Vishnu Kant Shastri, Babu Parmanand, Kailashpati Mishra and Kidarnath Sahni had been removed from their gubernatorial posts in Uttar Pradesh, Haryana, Gujarat and Goa respectively.
The central government had argued that the governor acted like a bridge between the Centre and the state and there should be harmony between the two offices for good governance.
“If there is conflict of views between the governor and national policy it would affect the efficiency of the government. The mandate of the people after the elections should also be respected,” the central government had argued.
