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This clearly shows that on the basis of manipulated documents it was attempted to be projected as if Shri Nitish Kumar had a majority. However, the principle of “strict scrutiny” or “proportionality” and primary review came to be explained in R.

Black expressed a critical tenet of democratic theory when he wrote: Difficult to amend, it is designed to direct human behavior for years to come. The will is expressed in periodic elections based on universal adult suffrage held by means of secret ballot. If necessary, the Union Government should take the required steps, to enable the Legislative Assembly to meet and freely transact its business.

There is no place for hypocrisy in democracy. It was held that the Governor can exercise his discretion and can decline to make the appointment when the person chosen by the majority party is not qualified to be member of Legislature.

An informed voter-whether he acquires information directly by keeping track of disclosures or through the Press and other channels of communication, will be able to fulfil his responsibility in a more satisfactory manner. So it is the right to be elected. Nor could the court substitute its decision to that of the administrator.

Also, the discretion must be exercised keeping in view the purpose for which it was conferred and the object sought to be achieved, and must be exercised within the four corners of the statute See: Articles and are the other Articles which give him certain functions which he has to exercise in his discretion.

It has been submitted that the parameters of judicial review are extremely limited so far as the Governor’s report is concerned and consequential actions taken by the President. Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election.

This is his perception. About 13 cases of possible misuse are such in which defections and dissensions could have been alleged to be result of political manoeuvre or cases in which floor tests could have finally proved loss of support but were not resorted to.


If he does not obey those rules he may truly be said to be acting unreasonably. As none of the parties either individually or with the then pre-election combination or with post-election alliance combination could stake a claim to form a popular Government wherein they could claim a support of a simple majority of in a House ofI had no alternative but to send the above mentioned report with the said recommendation.

It will be cumbrous to say at the opening of each “Notwithstanding anything contained in Article the Governor can act on his own responsibility”.

He said that “in terms of the Convention” any such interference must be both necessary and proportionate ibid pp. People can give their mandate afresh and the plea that large sums of money would be spent if the fresh elections are held is really no answer to preventing installation of a government whose foundation is shaky.

If we are to escape political debacles, economic strangulation and military defeats on all fronts, then our leaders and statesmen must learn to think in unorthodox terms: Additionally, with reference to their additional stands noted supra in the writ petitions, they submitted that the President’s Notification is not sustainable and is unconstitutional.

Democratic theory, therefore, tends to embrace both positivism and moral relativism. In all these cases, the English Courts applied the “strict scrutiny” test rather than describe the test as one of “proportionality”.

He enquired whether the Drafting Committee intended to make that provision later on. So is the right to dispute an election. Normally the five year term should be adhered to and removal or transfer should be by following a similar procedure as for appointment i.

Up to the 19th century the functions of the State in England were confined to i defence of the country from foreign invasion, and sf980 maintenance of law and order within the country. The Governor must remain as the guardian of the Central policy on the one side, and the Constitution on the other.

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Moreover the State governments may not be quite consistent in their own policies. The Law of the Constitution, there was a spate of attacks on parliamentary delegation culminating in the book New Despotism by the then Chief Justice of England, Lord Hewart published in On the factual background one thing is very clear i. The concomitant of oight right to vote which is the basic postulate of democracy is thus two fold: Can the governor whose constitutional duty is to fture the purity throw up his hands in abject helplessness in such situations?


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The subsequent decades saw the fragmentation of political parties and emergence of new regional parties frequent, sometimes unpredictable realignments of fuhure parties and groups took place for the purpose of forming governments. The elected representative acts or is supposed to act as a live link between the people and the Government. Therefore the Governor’s discretionary powers should not be interfered with.

Rabri Devi met me on That cannot be a ground to hold the report to be vulnerable.

It is clear so far. Shri Mahavir Tyagi United Provinces: The only explicit provisions ruture were those relating to Tribal Areas in Assam where the administration was made a Central responsibility.

The Court of Appeal judgment in Locabail QB though apparently as noticed above sounded a different note but in fact, in more occasions than one in the judgment itself, it has been clarified that conceptually ,ight issue of bias ought to be decided on the facts and circumstances of the individual case – a slight shift undoubtedly from the original thinking pertaining to the concept of bias to the effect that a mere apprehension of bias could otherwise be sufficient.

Even if we assume duture entire independents totalling 17 to extend support to R. In the instant case, the Governor’s report reveals that the source of his opinion was intelligence reports, media reports and discussions with functionaries of various parties. But if, as in the present case, the fuyure at lifht does not relate to money or economic advantage but is concerned with the promotion of the cause, the rationale disqualifying a Judge applies just as much if the Judge’s decision will lead to the promotion of a cause in which the Judge is involved together with one of the parties.

However, it has not been disclosed as to the number of Independent M. But, taking note of some of the disturbing features highlighted by learned counsel about the suspicious and apparently indefensible roles of some Governors, it is necessary to deal with some of the relevant aspects.

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The JD-U is also targeting Congress for creating a split. Circlip ligh in from mirror side, 1. The Home Minister in his speech made on