{"id":29278,"date":"2018-10-24T17:50:46","date_gmt":"2018-10-24T12:20:46","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=29278"},"modified":"2022-01-20T16:49:51","modified_gmt":"2022-01-20T11:19:51","slug":"governors-discretion-has-its-limits","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/governors-discretion-has-its-limits\/","title":{"rendered":"Governor\u2019s discretion has its limits"},"content":{"rendered":"

Governor\u2019s discretion has its limits<\/b><\/a><\/p>\n

News:<\/span><\/p>\n

The Supreme Court has observed that the appointment of K.G. Bopaiah as a pro tem speaker \u00a0by Karnataka Governor Vajubhai Vala is an arbitrary use of governor discretion.<\/span><\/p>\n

Important facts:<\/span><\/p>\n

    \n
  1. The Supreme Court has ordered the Karnataka Governor to appoint a pro tem Speaker to conduct a floor test to decide the majority in the Karnataka Assembly.<\/span><\/li>\n
  2. \u00a0Article 180 (1) of the Constitution empowers the Governor to appoint a pro tem Speaker.<\/span><\/li>\n
  3. The Article says that if the chair of the Speaker falls vacant and there is no Deputy Speaker to fill the position, the duties of the office shall be performed \u201cby such member of the Assembly as the Governor may appoint for the purpose\u201d.<\/span><\/li>\n
  4. The BJP defends the Governor decision of appointing Pro tem speaker by quoting that Article 163 (2) of the Constitution mandates the \u201cthe validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion\u201d.<\/span><\/li>\n
  5. Some other Supreme Court judgment on discretionary power of Governor.<\/span><\/li>\n<\/ol>\n