news Monday, January 05, 2015 - 05:30
The News Minute| September 2, 2014| 8.00 pm IST The Kerala High Court Advocates Association has passed a resolution and sent it to the President requesting him to ‘discard the recommendation of the Central government’ recommending Justice P. Sathasivam as the Governor of Kerala.  The Resolution It is learnt that the Central Government has recommended to the President of India, name of Justice P Sadasivam, former Chief Justice of India for appointing him as the Governor of State of Kerala. As per the provisions in Article 154 of the Constitution of India the Governor of a State is the Executive head since executive power of the State is vested in the Governor and such power shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India. Article 124 (7) of the Constitution of India mandates that “No person who has held office as a judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India”. It is true that there is no express provision in the Constitution debarring of appointing a former Chief Justice of India or a former judge of Supreme Court as a Governor of a State. But the fact remains that the Chief Justice of India occupies the seat of superior post in the Indian Judiciary, which is one of the three pillars of the Democracy. As per Article 60 of the Constitution, before entering upon his office, President of India, makes and subscribes his oath, in the presence of Chief Justice of India and it is inappropriate that a former Chief Justice of India occupies the seat of the Governor of a State, under the orders of the President and holds office during the pleasure of the President. Hence, the Kerala High Court Advocates’ Association hereby resolved to request the President of India to discard the recommendation of the Central Government recommending Justice P Sadasivam, the former Chief Justice of India, as the Governor of State and also resolve to request Justice P Sadasivam to turn down his nomination to maintain the independence and integrity of judiciary as well as to uphold the majesty of Indian Judicial System Many retired judges, too, have expressed their disapproval.  “Normally retired judges from either high court or Supreme Court should not be in politics. There are some precedents and convention one has to follow,” said Justice A.M. Ahmadi, the 26th Chief Justice of India, reported the Live Law. The Supreme Court Bar Association, too, had spoken out against the appointment and had said that it will approach the President to get the order cancelled.
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