'We're Not Here To Advise Governors' : Supreme Court Dismisses Plea Seeking Guidelines For Maharashtra Governor To Nominate MLCs

The Supreme Court on Friday dismissed a plea seeking a direction to the Governor of Maharashtra to frame criteria for the purpose of nomination to the Legislative Council of the State, in terms of Article 171 of the Constitution. The Petitioner sought to draw the Court's attention towards clause 5 of Article 171 of the Constitution, which reads as follows: The members to be nominated by the Governor under sub clause of clause shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, cooperative movement and social service. Emphasizing on the word "shall" the Petitioner had submitted, "there are no norms yet framed or finalized by the respondents 16 for the purpose of the making the nominations from the above five prescribed categories and thus the political parties who are in governance are taking the undue advantage of this loophole and are making the recommendations of the names of the persons who are not from the prescribed category but who are either powerful in politics or to whom the political parties want to make powerful by way of such nomination." It was urged that the traditional practices followed by political parties in nomination of MLAs should cease and appointments should be made by way of "absolute discretion" of the Governor, as prescribed in the Constitution.