HYDERABAD: Justice BP Jeevan Reddy, a former Supreme Court judge and former head of Law Commission, on Saturday, emphasised the need for those who hold high public offices such as governors to adhere to constitutional norms. “Otherwise they may confront difficult situations from state governments since the actual authority rests with the council of ministers, not the governors of the states and the President of the Union,” he said.
He was speaking as a special guest at the High Court’s Constitution Day festivities, which were arranged by the HC Lawyers’ organisation.
“The states may decide to pass legislation setting time limits in certain circumstances if a governor refuses to act on a state decision and send it to the President for approval without also communicating any decision on the matter,” Justice Jeevan Reddy opined.
He stated that things that ought to be done in good faith shouldn’t ever be delayed. When a state approves a measure and sends it to the governor for approval, the president must sign it. According to Justice Jeevan Reddy, if the governor is overseeing the state’s and its legislature’s decision, citizens cannot contest it in a court by adding the governor as a party.
If the governor continues to refuse even after the HC request, can a contempt action be brought against the governor? A President (or governor) is merely a figurehead whose relevance rises only sometimes, warned the senior constitutional expert, despite the fact that Article 361 of the Constitution states that Governors and Presidents cannot be prosecuted in court. The council of ministers, both at the national and state levels, wields the actual authority. Therefore, it is crucial to ensure that all parties involved are acting in good faith.
Justice Jeevan Reddy recollected a former President of India asking him for legal advice over whether he should dismiss a central cabinet minister from his position because the minister only held the position at the President’s pleasure. This was during his stint at the National Law Commission. “I gave a negative response, because our type of administration is a cabinet or prime ministerial one,” Justice Jeevan Reddy said.
According to him, all constitutional authorities should share this view in order to guarantee that governance operates along democratic lines and complies with sound constitutional principles. Participants included HC Advocates’ Association V Raghunath, Advocate General BS Prasad and others.