SC clips Centre's power to sack Governor

Atulesh Parasar & Amit Anand
New Delhi, May 7 (PTI) Clipping the government's
powers, the Indian Supreme Court Friday ruled that Governors
cannot be removed with the change of power at the Centre or
for refusing to act as its "agent" and being out of 'sync'
with its ideology.
Delivering a path-breaking unanimous verdict, a
five-judge Constitution Bench headed by Chief Justice K G
Balakrishnan held that power to remove them "will have to be
exercised in rare and exceptional circumstances for valid and
compelling reasons".
"A Governor cannot be removed on the ground that he is
out of sync with the policies and ideologies of the Union
Government or the party in power at the Centre. Nor can he be
removed on the ground that the Union Government has lost
confidence in him.
"It follows therefore that change in government at
Centre is not a ground for removal of Governors holding office
to make way for others favoured by the new government," the
Bench said.
It rejected the contention of the Centre and other
respondents that Governors should be in sync with the policies
of the Union Government or should subscribe to the ideology of
the party in power at the Centre.
"Governor is not the agent or the employee of the
Union Government", the Bench also comprising Justices S H
Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam
said.
It also reject the contention that a Governor can be
removed if the Union Government or party in power loses
confidence in him," Justice Raveendran writing the judgement
for the Bench said. MORE PTI ATR
MRD


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