Greeva Garg–
Supreme Court has dismissed a plea that sought directions for the Governor of Maharashtra to issue guidelines and criteria on the nomination of the Members of Legislative Council (MLCs) of Maharashtra as per Article 171 of the Constitution of India.
A vacation Bench of Chief Justice of India NV Ramana stated that “There is a separate provision for what you want. We are not here to advise the Governor or prescribe guidelines to the Governor. You want us to amend the Constitution? Sorry.”
The plea was filed by Dr Jagannath Shamrao Patil, a Head Master from Latur District in Maharashtra. He stated that, in absence of specific criteria for the nomination of MLCs, various eligible candidates are deprived of the deserving positions.
Supreme Court has dismissed a plea that sought directions for the Governor of Maharashtra to issue guidelines and criteria on the nomination of the Members of Legislative Council (MLCs) of Maharashtra as per Article 171 of the Constitution of India.
A vacation Bench of Chief Justice of India NV Ramana stated that “There is a separate provision for what you want. We are not here to advise the Governor or prescribe guidelines to the Governor. You want us to amend the Constitution? Sorry.”
A plea filed by Dr Jagannath Shamrao Patil, Head Master from Latur District in Maharashtra, stated that in the absence of specific criteria for the nomination of MLCs, various eligible candidates are deprived of the deserving positions.
The petitioner argued that there is no such process to verify the candidates that are recommended by the State Government. He urged to the Court that the traditional practices followed by the political parties in the appointment of MLCs should be ceased and the decision should be made on ‘absolute discretion’ of the Governor.
Emphasizing the word ‘shall’ in clause 5 of Article 171 of the Constitution, which directs for the Composition of the Legislative Council, the petitioner submitted that, “There are no norms yet framed or finalized by the respondents for making the nominations. Thus, the political parties who are in governance are taking 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.”