B P Singhal v/s. Union of India
- Ojasvi Agarwal
- May 22, 2020
Content :
The President of India, acting upon the advice of the Council of Ministers removed the Governors of Goa, Gujarat, Haryana and Uttar Pradesh on 02 July 2004. In response to which, a writ petition was filed in the form of a Public Interest Litigation seeking the re-institution of the said Governors of the States. According to Article 155 and Article 156 of The Constitution of India, 1949, a Governor of a State is appointed by the President of India and continues to hold the office ‘during the pleasure of the President’. Generally, a Governor can remain and run the office for duration of five years. However, as Article 74 binds the President to act upon the advice of the Council of Ministers, in that way, Governor remains in office as per the will of the Central Government in power. The petitioner, in the current case, firstly, requested the production of documents, files and facts which led to the order of removal of the Governors. Secondly, a Writ of Certiorari was filed requesting the quashing down of the same order and a Writ of Mandamus was filed requesting that the four Governors be allowed to hold office for their remaining term of five years. A four-judge, constitutional bench in the supreme court of India heard this matter.
