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may 2010

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.

B.P. SINGHAL vs UNION OF INDIA · Niyam