Constitution Bench to weigh Goa guv's deeds

NEW DELHI: After Bihar, the constitutional conduct of yet another governor — SC Jamir — has come under judicial scanner when the Supreme Court today referred to a Constitution Bench, a petition filed by former Goa chief minister Manohar Parrikar challenging the dismissal of his government.

Admitting the petition, a division bench of Justices BN Srikrishna and Tarun Chatterjee said that legal issues raised in the petition needed to be settled by a Constitution Bench.

In his petition, Mr Parrikar accused governor SC Jamir of acting malafide and contrary to Constitutional provisions and democratic norms.

The Parrikar-led BJP coalition government in Goa was dismissed on February 2 last year, even as the government won a controversial vote of confidence on the floor of the House.

Twelve days later, on February 14, Mr Parrikar moved the Supreme Court challenging the dismissal of his 32-month-old government by governor S C Jamir, and the subsequent installation of a Congress-led coalition in the state.

In his petition, Mr Parikkar has challenged the legality of the Governor’s decision describing it as a partisan action despite his government having won the trust vote in the House.

Alleging that the governor could not have taken an independent view of the matter in the absence of a report from the Speaker, the petitioner has said the hasty decision showed that it was a colourable exercise of Constitutional powers.

Although Parrikar had won the confidence vote in controversial circumstances, the governor did not provide any opportunity for the chief minister to present his side of the story.

Barely an hour after the chief minister won the vote, and 20 minutes after the assembly was adjourned, the governor dismissed the BJP government to install a Congress-led Government of Pratapsinh Rane. The Congress led arrangement was given 30 days to prove its majority.

The governor’s role may come in for strong judicial rebuke as he had overturned the decision of the Speaker. It is only the courts that have judicial review over a Speaker’s ruling.