NEW DELHI: Change of regime, the Centre agreed before the Supreme Court on Thursday, could be a valid reason for removal of a governor appointed by the previous government.
Attorney General G E Vahanvati said the tenure of five years prescribed for a governor was an outer limit and that he could continue in the constitutional post only as long as he enjoyed the confidence of the central government.
Arguing before a five-judge constituton Bench comprising Chief Justice K G Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam, the AG said the loss of confidence could be for various reasons within the width of the `pleasure doctrine', which meant a governor continued in the post as long as he enjoyed the pleasure of the President.
But, he was quick to clarify so as not to give an impression that a governor could be removed at the sweet will of the Centre bordering on arbitratriness. "A governor may not have done anything to incur disqualification. But, if the President thinks a governor has ceased to enjoy the confidence, then he has a valid reason to remove him," he said.
Vahanvati also questioned the locus standi of petitioner B P Singhal to challenge the removal of governors of four states in July 2005 when UPA-I came to power on the ground that none of the aggrieved persons had approached the court. "Which fundamental right of the petitioner was violated by the removal of the governors?" he asked.
However, he said the removal of a governor was not on the ground -- "I do not like your face" -- but, based on cogent reasons. However, the reasons were never specified under the pleasure doctrine, hence they were beyond the scope of judicial review.
He said the pleasure doctrine empowered a government to remove a governor if it thought that his continuance in the constitutional post would be an impediment to its policies in public interest and public good.
"No governor has an absolute right to continue in office for five years. He can be removed if the Centre thinks his continuance will not be in sync with its policies," he added.
