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Journalism of Courage
The Supreme Court today issued notices to the Centre while admitting a petition challenging the removal of four governors before expiry of their tenure.
A three-judge bench headed by Chief Justice R.C. Lahoti admitted the petition filed by former BJP MP B.P. Singhal challenging the removal of the governors of Uttar Pradesh, Gujarat, Haryana and Goa.
Union Home Minister Shivraj Patil had said in Parliament on Monday that it was within the government’s constitutional and legal rights to remove the governors. Patil had recently said that the removal of the governors, who were appointed by the previous BJP-led NDA government, was due to their ideological differences with the present government.
The petitioner who challenged the Centre’s decision, requested the court to direct the UPA government ‘‘to produce the files and papers before the court on the basis of which the President was satisfied before passing the notification.’’
Singhal said in his petition that the dismissal of any governor must be based on bonafide use of power which should be transparent and in keeping with the Constitution and the Union government must be made accountable for any misuse of power in this regard.
It is more so as there was no allegation against any of the four governors of violating the Constitution nor any material to show that they were misusing their offices, he said.
The petitioner said the framers of the Constitution were of the definite view that the governor’s office must be kept above politics and they should be allowed to continue in office for a period of five years. Calling the dismissal of governors as an ‘‘indicator of things to come’’, the petitioner apprehended that the democratically elected governments in these four states could be dismissed.
