Constitution

6527 Words Nov 12th, 2014 27 Pages
Facts This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Articles 74 (pari materia to Article 163) and 156 of the Constitution, has been referred to this six-judge Constitution Bench. On August 7th, 2014, President Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with barely four months left of her tenure. Ms. Beniwal, who had crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the decision to …show more content…
It is requested that these orders may be conveyed to the officer concerned under intimation to the Government." By an order dated 15 December, 1969 the services of the appellant Ishwar Chand Agarwal were terminated. The order was as follows: "On the recommendation of the High Court of Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part D' of the Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time". The appellants contend that the Governor as the Constitutional or the formal head of the State can exercise powers and functions of appointment and removal of members of the

Subordinate Judicial Service only personally. The State contends that the Governor exercises powers of appointment and removal conferred on him by or under the Constitution like execute powers of the State Government only on the aid and advice of his Council of Ministers and not personally. The appellants rely on the decision of this Court in Sardari Lal v. union of India & Ors. (1971)3 S.C.R. 461 where it has been held that where the President or the Governor, as the case may be, if satisfied, makes an order under Article 311(2) proviso(c) that in the interest of thesecurity of the State it is not expedient to hold an enquiry
Open Document