(vIndianz May 8 2010): The Supreme Court on Friday declared that the Governors cannot be removed according to the change of power. The order was mad by a five- bench Constitution comprising Chief Justice K.G. Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam.
The order was passed against a five-year old petition filed by former BJP MP BP Singhal demanding the deletion of Governors of UP, Gujarat, Haryana and Goa. The Five- bench Constitution said that a Governor can be replaced only under special circumstances such as and misconducts or misdeeds.
A Governor cannot be replaced just because he or she does not synch with the party in power. They are not just mere employees of the Union Government and is not expected to implement according to the interests of the party in power. Incase a governor is removed on the following grounds it would be considered illegal. The court declared that if any offended governor feel that he or she has been removed on capricious or one’s will, the President would be asked to disclose the valid reason for the same. If the President fails do so, the court would interfere with the matter.
The Supreme Court said that respected elder statesman, administrators and eminent personalities were appointed as Governors. Some of them might have political backgrounds, but once they are appointed they are believed to be loyal and committed to the Constitution and to any political party. The central government had disputed that the governor was a link between the Centre and the State and there should be harmony between the two offices for good supremacy.
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because he or she does not synch with the party in power.