NDA governors' firing challenged

A public interest litigation was filed in the Supreme Court today challenging the dismissal of four governors last week. It has not yet been listed for hearing and the matter may be mentioned tomorrow before the Chief Justice for hearing.

The plea was moved by BP Singhal, MP and brother of the VHP leader Ashok Singhal. The main issue raised in the petition is the power of the President to dismiss governors.

Though Article 156, dealing with the term of office of the governor, says "the governor shall hold office during the pleasure of the President," the argument is that it should be his constitutional pleasure and not his political pleasure.

Moreover, the term of office is five years and a governor could not be removed before his term, unless there was adequate reason for it. Mere allegiance to an ideology or membership to an organisation is no ground for a governor's removal, it is argued.

It is further contended that the President is not bound to act on the advice of the Cabinet if the advice is contrary to the constitutional provisions.

The President had dismissed four on the advice of the UPA government. But some of the appointees of the earlier government have not been touched.

Vishnu Kant Shastri, Babu Parmanand, Kailashpati Mishra and Kidarnath Sahani were dismissed from governorship of UP, Haryana, Gujarat and Goa on Friday, ostensibly, because they represented the RSS ideology.