Governor Bhagat Singh Koshyari has been questioned by the Mumbai High Court whether he is bound by the Constitution. This question has been raised on the appointment of 12 MLAs.
During the hearing, Chief Justice Dipankar Dutta and Justice GS Kulkarni raised the following issues before the counsel for the Governor.
1. Do the governors have the right to remain silent on this issue while it is their duty to fill the vacant posts in the legislature?
2. If the Governor remains inactive in such a matter, can he be challenged before the bench? Or can the bench decide whether such action is unconstitutional or not?
Social activist Ratan Soli Lat has filed a public interest litigation against Koshyari’s inaction in the appointment of MLAs. The court asked the parties to respond and what are the duties of the governor in this regard? And what if the governor has not fulfilled his constitutional duties? Information has been sought regarding the provisions in this regard. The subject matter of this petition is simple and any person holding constitutional office is bound by the provisions of the Constitution. Secondly, is it a violation of constitutional provisions to avoid such a constitutional act? Does this not mean that the constitutional duties have not been fulfilled in this case and the Governor is working against the constitutional values by leaving the seats of the Legislative Council vacant? Such questions have been raised in the petition.
In the petition, Latt has demanded that the court declare that the governor is constitutionally bound under Article 171(5) to nominate legislators to the Legislative Council seats in consultation with the cabinet. Lat’s lawyer Aspi Chinoy said there was no reason for the governor to be biased as his action or inaction was subject to judicial review. He further said that the Governor does not have the right to nominate the members of his authorized Legislative Council, he should nominate these members only on the advice of the Cabinet.
Maharashtra government’s counsel Rafiq Dada said the governor had only two options, whether to accept or reject the recommendation, not the third option. As per the Maharashtra Government Working Act, the issue of nomination is mentioned in Rule 15 and the Governor himself cannot make such nomination without the advice of the Cabinet. The Governor has received the recommendations for nomination and has laid down the rules of procedure in this regard and the nomination cannot stand on file.
However, Additional Advocate General Anil Singh said that under Article 171 of the Constitution, the Governor has the right to nominate members, so it does not matter whether he has the right or not.
First published on July 19, 2021 at 10:29 pm
web title: Regarding the appointment of 12 MLA MSR 87, is it not the duty of the Governor, it is a question of the High Court?
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