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'We're Not Here To Advise Governors' : Supreme Court Dismisses Plea Seeking Guidelines For Maharashtra Governor To Nominate MLCs
Radhika Roy
2 July 2021 11:00 AM IST
The Supreme Court on Friday dismissed a plea seeking a direction to the Governor of Maharashtra to frame criteria for the purpose of nomination to the Legislative Council of the State, in terms of Article 171 of the Constitution. A Bench headed by Chief Justice of India NV Ramana told the counsel, Advocate Prachi Deshpande, that the Supreme Court could not prescribe guidelines to...
The Supreme Court on Friday dismissed a plea seeking a direction to the Governor of Maharashtra to frame criteria for the purpose of nomination to the Legislative Council of the State, in terms of Article 171 of the Constitution.
A Bench headed by Chief Justice of India NV Ramana told the counsel, Advocate Prachi Deshpande, that the Supreme Court could not prescribe guidelines to the Governor, and that they could not amend the provision in the Constitution itself.
"There is a separate provision for what you want. We are not here to advise the Governor or prescribe guidelines to the Governor. You want us to amend the Constitution?. Sorry", stated the CJI.
The plea had been filed by a Head Master from Latur District in Maharashtra, Dr. Jagannath Shamrao Patil, stating that in the absence of specific norms/ criteria as referred above, several eligible and deserving personalities are often deprived from the nomination process.
The Petitioner sought to draw the Court's attention towards clause 5 of Article 171 (Composition of the Legislative Councils) of the Constitution, which reads as follows:
The members to be nominated by the Governor under sub clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, cooperative movement and social service.
Emphasizing on the word "shall" the Petitioner had submitted,
"there are no norms yet framed or finalized by the respondents 16 for the purpose of the making the nominations from the above five prescribed categories and thus the political parties who are in governance are taking the undue advantage of this loophole and are making the recommendations of the names of the persons who are not from the prescribed category but who are either powerful in politics or to whom the political parties want to make powerful by way of such nomination."
It was argued that there is no process in existence to verify that the persons who are recommended by the State Government possess such special knowledge or practical experience in the said subjects.
It was urged that the traditional practices followed by political parties in nomination of MLAs should cease and appointments should be made by way of "absolute discretion" of the Governor, as prescribed in the Constitution.
It was argued,"If the recommendations made by the council of Ministers for the purpose of nomination under Article 171(5) of the Constitution of India are allowed to be considered as sole criteria then same will amount to amending the provision of Article 171(5) of the Constitution of India and carving out a new exception for the nominations…"
The plea had been filed through Dr. RR Deshpande & Associates.
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