Governors can’t play a role in intra-party disputes, says court

Source: The post is based on the article “Governors can’t play a role in intra-party disputes, says court” published in The Hindu on 12th May 2023

What is the News?

The Supreme Court has said that the Governor is not empowered under the Constitution and the laws to enter the political arena and play a role either in inter-party disputes or in intra-party disputes.

What was the issue before the Supreme Court?

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What did the Supreme Court say about the role of the Governor?

The court held that by calling the floor test, the then Maharashtra governor did not act in accordance with the law as he had no objective material to doubt the confidence of the then government in the House.

The court said the Governor had acted upon an inference that a section of the Shiv Sena wished to withdraw their support to the government.

However, the communication by some of the MLAs only expressed discontent about the Maha Vikas Aghadi alliance.

It said that the power of the Governor to act without the aid and advice of the Council of Ministers is of an extraordinary nature, and must be exercised with circumspection within the limits of law.

It also said that the Governor is not empowered to enter the political arena and play a role in inter or intra-party disputes.

This is because neither the Constitution nor the laws enacted by Parliament provide for a mechanism by which disputes among members of a particular political party can be settled.