Guv can act on his own only if govt loses majority: SC
The Supreme Court today
said that the Governor can exercise his power without the aid and advice
of council of ministers only when the government in power loses
majority in a floor test.
“Only in a situation where
the Government in power, on the holding of such floor test, is seen to
have lost the confidence of the majority, it would be open to the
Governor to exercise the powers vested with him under Article 174 at his
own, and without any aid and advice,” a five-judge constitution bench
headed by Justice J S Khehar said.
Referring to reports of
Justice Sarkaria Commission report which was reiterated by Justice M M
Punchhi Commission, the bench said that “as long as the Council of
Ministers enjoys the confidence of the House, the aid and advice of the
Council of Ministers headed by the Chief Minister is binding on the
Governor, on the subject of summoning, proroguing or dissolving the
House or Houses of the State Legislature”.
Justice Sarkaria
Commission was set up in 1983 by the Centre to examine the relationship
and balance of power between state and central governments. Justice M M
Punchhi was also later commissioned to deal with the same issue.
The bench said, “the above
position would stand altered, if the Government in power has lost the
confidence of the House. As and when the Chief Minister does not enjoy
the support from the majority of the House, it is open to the Governor
to act at his own, without any aid and advice.”
“Aid and advice sustains
and subsists, till the Government enjoys the confidence of the
Legislature. We find no justification in taking a different view than
the one expressed by the Justice Sarkaria Commission report, conclusions
whereof were reiterated by the Justice M M Punchhi Commission report”,
it said.
(Source : PTI)
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