Is Governor within his rights to direct Karnataka Speaker, CM to hold floor test?

vajubhai-valaBengaluru, July 19: There were two missives from the office of the Governor on Thursday-one to the Speaker of the Karnataka Legislative Assembly and the other to Chief Minister H D Kumaraswamy.

Both were directions to hold the floor test which was delayed on Thursday and finally not held.

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Madhya Pradesh election results: Congress stakes claim, wait says Governor

anandibenpatelBhopal, Dec 12: An official appointment would be given only after the situation in Madhya Pradesh is made clear by the Election Commission of India, the Governor’s office said after the Congress sought an appointment in Madhya Pradesh.

Why Governor and not CM will ‘directly’ oversee Kashmir’s clean up

mehboobaThe latest directive to the security forces from the Home Ministry makes it clear that Kashmir must be cleaned up. While the security forces have been given a free hand to clean up militancy in the Valley, it is important to note that the entire operation would be overseen by the Governor.

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Operation Clean up Kashmir: Is Rajiv Mehrishi, next Governor of the state?

rajivmehrishiWill Rajiv Mehrishi replace N N Vohra as the next Governor of Jammu and Kashmir. With an all out offensive launched in Kashmir to crush militancy, the Government is looking for a person with expertise in the state.

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Goa: Cong to meet Governor, stake claim at government formation

Digvijay Singh. Photo courtesy: Indian Express

The Congress in Goa will meet with the Governor at Raj Bhavan to stake a claim to form the next government in the state.

The Congress which ended up being the single largest party in the state has been complaining since it did not get the first invite to form the government.

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Why Tamil Nadu does not have a governor

vidyasagaerTamil Nadu has witnessed one crisis after another and each time the million-dollar question asked is why doesn’t such an important state have a full-time governor. C Vidyasagar Rao, who is the acting governor of the state also holds full charge of Maharashtra.

Appointing a governor is the discretion of the government and no one in the power corridors of the National Capital have been able to give a concrete explanation as why this treatment has been meted out to Tamil Nadu.

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Meghalaya guv has turned Raj Bhavan into ‘ladies club’, says letter

Shanmuganathan on Thursday resigned as the governor of Meghalaya following allegations of inappropriate behaviour. He was accused of hurting the decorum of the Raj Bhavan. The allegations came to light after nearly 100 employees of the Raj Bhavan in Shillong sent a five-page letter to the Prime Minister’s Office and the Rashtrapathi Bhavan. In the letter they accused the governor of turning the Raj Bhavan into a ‘Young Ladies Club.’

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Governors- How they should be removed?

Amidst the row involving change of governors, it would be interesting to visit a landmark verdict of the Supreme Court which had in 2010 said governors cannot be removed just because there is a change of government at the centre. The landmark verdict of 2010 delivered by a Constitutional Bench headed by then Chief Justice K G Balakrishnan had laid down several guidelines when it came to this issue.
The verdict stated that change of government is not aa reason to change or remove a governor.‎ The government cannot be removed on the ground that the government has lost confidence in him or that he or she is out of sync with the ideology of the new government. The only way an order regarding a governor can be withdrawn is by withdrawing the President’s pleasure. Any order to this effect cannot be arbitrary or unreasonable the Bench had observed. The court further observed that such a power to withdraw the President’s pleasure shall be excercised only in exceptional circumstances and reasons ought to be compelling in nature. The Bench made it clear that the government cannot remove a governor as per its whims and fancies for various reasons. Firstly the governor is not an employee of the union government. He is not an agent of any party for him to act under the whims and fancies of a political party in power. A governor is a constitutional appointment and he needs to act in a fair manner and this is the reason why he is not under any government, the Bench said in its order. The court said that a governor’s term lasts up to five years and he or she will remain in that post until the President’s pleasure is enjoyed.
The court however observed that the President can remove a governor without assigning any reason and also without giving opportunity.‎ In such matters courts would only have a limited power of review. However if a governor who has been removed feels aggrieved by such an order he could move the court and will need to prove that the order was illegal and arbitrary in nature. In such matters if the court is convinced that there is a case on hand, it would summon the union government and ask it to disclose before the court on what grounds such a decision has been taken by the president of India. The government will have to make available the material on the basis of which the President had decided to take such a decision. If the Government fails to provide such information, then the court will have to rule that the order was arbitrary, whimsical or malafide. Such a case would be heard only if the court is convinced of these facts.

I hereby resign……

I hereby resign as the Chief Minister was the one line resignation. B S Yeddyurappa played out the drama even in his last moments as Chief Minister of Karnataka as he tendered his resignation to the Governor of Karnataka.
He took to the road by foot along with 70 MLAs and scores of other supporters as he embarked upon the Raj Bhavan to tender his resignation.
Yeddyurappa made his support to the high command very clear as he was accompanied by 70 MLAs including the Reddy brothers who accomoanied him to the Raj Bhavan. Yeddyurappa’s son B Y Raghavendra was also present at the Raj Bhavan. He however did not enter the Raj Bhavan alone. All his supporters joined him as he met with the governor.
Dressed in his trademark white trousers and a white shirt the first Chief Minister of the BJP in South India constantly displayed the victory symbol as he walked among chants from his followers who screamed, long live Yeddyurappa.
While 70 out of the 121 BJP MLAs accomoanied Yeddyurappa, the rest continued to lobby at the hotel Ashok with the leaders from the high command. One of the members who continue to make efforts to install the likes of Jagadish Shettar and Ananth Kumar as Yeddyurappa’s sucessor says,” Yeddyurappa will surely split the party if he does. Ot have his way. He is adamant about Sadananda Gowda and the post of party president for himself. The high command does. It see this as a good development since Gowda will only be a dummy CM at the hands of Yeddyurappa. His camp is ready to go to any extent to have their way and at times they have even threatened the high command of forming an alternative government.”
Yedddy speak- After submiting his resignation, B S Yeddyurappa told media persons that he hoped that his sucessor will get the same support he got. I have come up the hard way and hail from a small town. I have worked hard to come up to this level.
Yeddyurappa who will continue as the acting Chief Minister till a new leader is appointed also thanked all the people of the state for the support he gave them.
I have worked for the public good and will continue to do so.
Regarding the mining scam I have been accused unfairly. Let the public decide. I have banned export of iron ore in the interest of the state and yet was accused unfairly.
There is nothing above the party and hence I accepted their command. I have bowed to the wishes of the party.
I have decided not to rest and will work hard by touring the state.
The new leader has already been decided. It is just a matter of time before the announcement is made.
I took time to resign since it was the month of ashada. I have kept my promise as per the wishes of the high command.

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Kar speaker may be sacrificial goat

Photo courtesy: The Hindu
The crisis in Karnataka appears to have blown over and the BJP government in the state appears to be happy that the report of the Governor has been rejected. However the Union government will be sending in an advisory to the Karnataka government with certain points.
Sources disclosed that the most important point in the advisory would be action against the Speaker of the Karnataka Legislative Assembly, K G Bopaiah. Sources in the Karnataka BJP however indicated that they would be ready to make that change so as to bring about a quietus to the issue. Moreover making this change as per the directive in the advisory would also mean that the BJP can step up the ante for the recall of the Governor, H R Bharadwaj.
The centre has sought this change following the recent verdict of the Supreme Court of India. The speaker had seven months back disqualified 16 MLAs of which 11 were BJP rebels and 5 independents. The timing of the disqualification was in question since it was done a couple of hours before the crucial trust vote that the BJP was seeking on the floor of the house. The matter was challenged before the High Court and when the MLAs failed to get relief they approached the Supreme Court which two weeks back reversed the order of the speaker. The rebels however made their peace with the BJP.
However the Governor immediaty shot off a reccomendation to the Government of India in which he proposed imposition of Presidents rule in Karnataka. The report was however rejected by the Government of India.
The Government now will be issuing an advisory with certain guidelines and also observations regarding the recent events in Karnataka. While most points would be advise and observations the main recommendation would be the change of the speaker.
Meanwhile the Governor who has been under immense pressure to conveve a session of the legislative assembly is likely to issue an order to that effect. Chief Minister B S Yeddyurappa had sought for the convening of the session on June 2 but the governor had said that he would decide only once the government of India acted on his report. The BJP had launched a state wide protest pressurising the governor to conveve a session of the legislative assembly. The BJP has also decided to keep up the heat demanding the recall of Bharadwaj and hence will go ahead with a change of the speaker in order to strenghthen their case.