Governors should avoid overreach that undermines credibility of their constitutional office is clear message from SC
Posted Date – Sat 13 May 23 at 12:15am
Governors should avoid overreach that undermines credibility of their constitutional office is clear message from SC
Hyderabad: There is no real winner in the Supreme Court verdict on Maharashtra political drama in June 2022. While the Shiv Sena-BJP government led by Chief Minister Eknath Shinde remained in power, the Supreme Court against then-governor Bhagat Singh Koshyari and Speaker Rahul Narvekar said the former erroneously concluded that Uda The government lost its majority in parliament without any objective material, and the latter’s decision to appoint Shinde bloc’s Bharat Gogawale as Shiv Sena’s whip was illegitimate. Constitutional judges, led by Chief Justice DY Chandrachud, have redrawn the boundaries of constitutional office and expressed dissatisfaction with the handling of turbulent political events that led to the downfall of the Maha Vikas Aghadi (MVA) coalition government, which included the Shiva Army, Congress and NCP as a coalition partner. The court held that the then Speaker should have conducted an independent inquiry under the party’s bylaws to determine the identity of the whip. However, the Chief Justice made it clear that the court could not order reinstatement as Uddav resigned as chief minister without facing a field test. The constitutional judges agreed that if Udav had not resigned, he could be reinstated now. Most importantly, his resignation cannot now be undone.
Two key conclusions can be drawn from this unpalatable story: first, governors should refrain from excessive intervention, which would undermine the dignity and credibility of their constitutional office; is not sufficient reason for the governor to require a floor test. If the incumbent at the time had handled the situation fairly, things would be better off today. However, the Sena-BJP coalition has gained significant support a year and a half before parliamentary elections, as the court confirmed the validity of the new German government. The ruling brought the then-governor’s role under intense scrutiny. Last March, the Supreme Court, hearing the petition, said it was a very dangerous trend for democracy when governors voluntarily became allies and ultimately overthrew elected governments. SC has now passed the ball back to the court of Maharashtra Assembly Speaker Rahul Navikar to determine the fate of 16 MLAs from the Shinde faction, whom the Uddhav bloc had sought to disqualify. How BJP leader Narvekar decides is anyone’s guess. However, even if they are disqualified, reducing the number of members of the House of Representatives from 288 to 272, the BJP-Sena will have enough numbers to stay in power.
