Needn’t tell Governor when suing Centre-THE HINDU- 21-01-2020
The Governor of Kerala has sought an explanation from the state government of Kerala for its failure to apprise him of the state government’s decision to file an appeal in the SC, against the CAA, 2019.
Legal luminaries have stated that normally the State government may as a form of “courtesy” apprise the Governor before challenging an important legislation in court, but is not mandated to do so.
Jurists say there is no constitutional requirement or convention for a State government to inform the Governor about its executive decision to file a case.
Shamsher Singh case:
The Supreme Court judgment in the Shamsher Singh case helps throw light on the relationship between the elected government and the Governor.
The judgment holds that the Governor is not a rival centre of power but would only facilitate the smooth functioning of the administration.
The judgment notes that the Governor is only a formal head and the real executive powers are vested in the Council of Ministers who are collectively responsible to the legislature.
The Judgment also takes into account the observations made by the Sarkaria Commission on Centre-State relations which notes that even though Article 167 allows for the Governor to seek information from the Chief Minister, it does not imply that the Governor will have dictatorial overtones.