Judicial Review of decision of Governor of Maharashtra by Supreme Court

Governor of Maharashtra has invited the BJP and NCP, on the basis of their joint claim, to form the Government. Shiv Sena, Congress and NCP (other faction) has approached the Supreme Court and have made all kind of claims. Supreme Court has reserved it’s order and it shall pronounce the judgment tomorrow morning. It is obvious that it shall not be just a short order but a detailed reasoned order. Let’s see what it can do. First note the principles:

Separation of powers:

Article 50 of the Constitution of India mandates that the State shall take steps to separate the judiciary from the executive in the public services of the State. The same principle stipulates that judiciary shall not interfere in Executive functions, which is what the Governor of Maharashtra is performing.

Jurisdiction of Supreme Court:

Since the parties have invoked the jurisdiction of Supreme Court by a direct petition under article 32, it is a very narrow jurisdiction i.e. for enforcement of fundamental rights. In this case the only fundamental right involved is article 14 which prevents arbitrary executive decision. It is for this reason the Court adjourned the matter yesterday to produce the material which was before Governor. As it turns out, the Leader of Nationalist Congress Party had submitted the letter of support to BJP with 54 signatures of MLAs of his party.

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