ValkyaEditorial

Tagged “governor-discretion”

1 article on governor-discretion.

Landmark JudgmentSupreme Court of India

Subhash Desai and the Maharashtra political crisis: a Constitution Bench redraws the Governor, the Speaker, the whip and the Tenth Schedule

On 11 May 2023 a five-judge Constitution Bench of the Supreme Court unanimously delivered Subhash Desai v. Principal Secretary, Governor of Maharashtra — the apex court's most consequential Tenth Schedule ruling since Kihoto Hollohan. The Court held the Governor's 30 June 2022 floor-test call unjustified, declined to restore the Thackeray Government because of Uddhav Thackeray's voluntary resignation, struck down the Speaker's recognition of a rival whip on the principle that the whip is appointed by the political party and not the legislature party, and referred Nabam Rebia to a seven-judge bench. A close reading of the architecture, the doctrinal lines, and the unfinished business.

Valkya Editorial··17 min