Chapter

Dismissing Governors<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0048
Dismissing Governors1

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This chapter addresses the power of dismissal of governors. The resignation of Surjit Singh Barnala as Governor of Tamil Nadu and the dismissal of Mohammad Yunus Saleem as Bihar Governor reveal the steep decline in norms. No prime minister has the right to direct a governor on how he should use his discretion as head of a State. A governor can challenge his dismissal on the grounds that it was arbitrary, without due cause, or that the principles of natural justice were not complied with. The governor cannot criticize an action of the president taken in his individual discretion. Upon dismissal, the 'governor should be informally apprised of the grounds of the proposed action and afforded a reasonable opportunity of showing cause against it'. However, a governor has a right to go to court against arbitrary dismissal, but this has not proved a strong check.

Keywords: governors; dismissal; Surjit Singh Barnala; Mohammad Yunus Saleem; prime minister; court; discretion; State

Chapter.  2381 words. 

Subjects: Constitutional and Administrative Law

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