IMHO, Supreme Court is Supreme and no Court can deny this- let alone a humble citizen like me!
But without contempt and malice for the Supreme Court, I want to submit few points of view on the latest judgment of Supreme Court on the role of Governors.
1) SC has stated the obvious- Governors are not elected but titular heads of States.
2)They cannot sit tight on the legislation passed by Legislature indefinitely.
3)They will have to function in harmony with the State CM and his Cabinet.
4)they will have to abide by Article 200 of the Constitution of India.
Nothing stated above are any new findings but simple platitudes repeatedly told to Governors.
However the larger question of how can a State Legislature pass a bill which calls for replacing Governor by State CM for appointing Vice-Chancellers of Universities and expect Governor to give his assent to such a bill- the simple question as to how a Governor or for that matter, a CM be a judge in his own cause. Is there not a inbuilt Conflict of Interest ?Simple logic.
When SC is going to answer this- as a Citizen am I entitled to expect an answer within reasonable time from SC?Will all Courts in the country give their judgments within reasonable time without agreeing on adjournments?or judgements are meant only for others?
Now Governor without giving his assent will forward the bills to President for consideration- what will happen?Supreme Court will question the President of India?
When there is no mens rea established or proven Governor is presumed to have acted in the public interest or in the best interests of the State.Is he not innocent until proven guilty?A Constitutional Authority like Governor must be respected by Courts atleast, until proven guilty- being elected by the people or not is a spurious argument IMHO- who will safeguard the minority who voted against the present elected Government?These are the checks and balances of a democracy-the only touchstone should be proof of "mens rea"- otherwise everybody is innocent until proven guilty?
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