There have been interesting constitutional upheavals in Maharashtra. The tug of war with the governor ultimately reached the Supreme Court for constitutional adjudication. There is another legal issue evolving in the state. The governor is not taking any action on the recommendation of the cabinet. The Chief Minister of the state is Uddhav Thackeray, who took oath on November 28, 2019. He is a non-legislator. Being that, he is entitled to occupy his office for 6 months. He has completed the said period in his office. Thus, he is under a constitutional mandate to re-elect himself. On a failure to do so, he will cease to be a minister.
Udhav Thakeray was nominated by the governor under Article 171 of the Constitution. This was the only option available at the time. The cabinet conveyed the decision to nominate him again to the governor three weeks back. However, there has been a strange but predictable silence on the part of the governor. This is because the Governor’s High Office is not neutral, in terms of political influence. It has transformed into an instrument of party politics. The constitution does not envisage the office of governor involving in party politics. He has to act according to the provisions of the Constitution. If not explicitly mentioned in the constitution, then by the Conventions. In times of such situations erupting time and again, the constitutional provisions lose their essence. Further developments in the matter will be covered in subsequent articles on the issue.
