Supreme Court of India · 2010-05-07
B.P. SINGHAL vs UNION OF INDIA
- Citation / case number
- SC 2004/13269
- Court
- Supreme Court of India
- Petitioner
- B.P. SINGHAL
- Respondent
- UNION OF INDIA
- Author
- K.G. BALAKRISHNAN,S.H. KAPADIA,R.V. RAVEENDRAN,B. SUDERSHAN REDDY,P. SATHASIVAM
- Bench
- K.G. BALAKRISHNAN,S.H. KAPADIA,R.V. RAVEENDRAN,B. SUDERSHAN REDDY,P. SATHASIVAM
Judgment text excerpt
The Supreme Court, in this writ petition under Article 32, addressed the interpretation of Article 156 of the Constitution regarding the removal of Governors. The Court held that while a Governor holds office during the pleasure of the President, such removal must not be arbitrary and should adhere to principles of natural justice, including the issuance of a show cause notice and a speaking order. The Court emphasized that removal should only occur under exceptional circumstances, akin to impeachment grounds for other constitutional functionaries, thereby establishing that the withdrawal of presidential pleasure is justiciable.