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Bahujan Samajwadi Party (BSP) chief Mayawati on Friday termed the Centre's decision to remove UPA governors as 'unconstitutional'.
Mayawati told ANI in an exclusive interview : "We don't agree with the notion of the government to remove governors. It is unconstitutional."
Several governors appointed by the previous UPA regime have reportedly been asked to step down from their posts. So far, two governors-Uttar Pradesh Governor B.L Joshi and Chhattisgarh Governor Shekhar Dutt have resigned, while the others have reportedly dug in their heels, and said that they need the government to specifically cite the reasons for which it is demanding their resignations.
They have also reportedly cited a 2010 ruling of the Supreme Court of India, which had said that a governor "cannot be removed on the ground that he is out of sync with the policies and ideologies of the Union Government or the party in power at the Centre".
That ruling was passed by a Constitution Bench headed by then Chief Justice K.G. Balakrishnan.
The five-judge Bench had ruled that there was scope for judicial review of a decision to remove governors on the ground that their ideology was out of sync with the policies or ideologies of the central government.
The ruling came in response to a PIL filed by then former BJP MP B. P. Singhal, who had challenged the removal of the governors of Uttar Pradesh, Gujarat, Haryana and Goa on May 2, 2004 by the president on the advice of the then UPA Government.
During the hearing, Singhal's counsel Soli Sorabjee had asked the bench to issue a set of guidelines or limitations with regard to power of President to remove Governors under Article 156(1) of the Constitution, asserting that it was required to ensure the independence and effective functioning of governors.
Meanwhile, when asked to comment on reports of the BJP indulging in horse-trading in Delhi, using money power to buy MLAs, Mayawati said: "By indulging in such practices, it seems like the BJP is walking in the footsteps of the Congress to gain power and form their government in Delhi."
"It raises questions as to why they haven't appealed to the Lieutenant Governor (Najeeb Jung) to dissolve the Delhi Assembly. Therefore, we demand that in the best interest of democracy, that the
Delhi Assembly should be dissolved and new elections should be conducted," she added.
There were reports earlier this week that claimed that several Congress and AAP MLAs were receiving phone calls and financial incentives to join the BJP to form the next government in Delhi.
It was also rumoured that the BJP is keen to form the government in Delhi without going in for fresh elections.
The Delhi Legislative Assembly is currently in suspended animation and the national capital is under President's rule following AAP leader Arvind Kejriwal's decision to resign as chief minister after being in power for 49 days.
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