Aadrika Goel, National Law University, Odisha
"The Constitution will lose its importance, if there are no redressal for the violation of fundamental rights (of citizens) by private parties performing government functions," a five- judge bench headed by Justice Arun Mishra opined in the Supreme court .The governor is the head of state of India, and he has executive control over the country. He is appointed by India's president, who retains the post at the president's pleasure. A governor can be any Indian citizen who is over 35 years old. The state's governor will have executive, legislative, financial, and judicial authority. He does not, however, have the diplomatic, military, or emergency powers that the President possesses. The motive of this project is to critically analyse the Governor’s constitutional duty in either accepting or rejecting the nominations to MLC within a “reasonable” amount of time.
The Legislative Assembly and Legislative Council of Maharashtra are one of the few two- house legislatures in India. According to Article 171(1) enshrined in the Indian constitution, the maximum number of candidates for the Legislative Council of state should not surpass one- third of the total number of members of the State's Legislative Assembly, with the exception that the number of members must never be less than 40. The Supreme Court's judgement in “Rameshwar Prasad & ors. (VI) vs. Union of India & anr., reported in (2006) 2 SCC”, wherein the Court gave brief explanations, to be followed by specific reasons later, as to whether the Head of state (Governor)could be removed from office in his/her authority as the Governor and if a notice/order could well be passed against him/her. Article 171(5) of the Indian Constitution read along with SEC 10 of the Representation of People Act, 1950 (also commonly known as "the 1950 Act") and III Schedule of the Indian Constitution states that “individuals with specific expertise or practical experience in fields such as literature, science, art, and social service shall be nominated to the office of MLC.”1
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