The Bench repeatedly emphasised that there has to be a law enabling the Governor to refer decisions on remission to the President against executive will of the State as in the present case.
“For everything if Governor refers to President … There has to be a source.” Justice Gavai said.
“If he doesn’t like (a decision), can he refer it to the President without limitations, can he do that?“, he further queried.
Noting the 3-year time taken by the Central government to give its stand in the case, as also the many adjournments, Justice Rao told the ASG,
“You going against Constitution Bench judgment. It is decision of government not Governor. He doesn’t have individual role to have own view against (view of State) cabinet prima facie.”
“Governor (is) bound by Cabinet decisions unless (there is an) express proviso (stating) otherwise,” Justice Gavai said.
The Court eventually adjourned the hearing for Wednesday next week.
“You do whatever you want we have given you escape route,” the Bench told the ASG as the hearing drew to a close.
Source: Barandbench
