Avocate-general Kamal Trivedi on Wednesday contended that the governor is a titular head of the state and cannot take any decision on his/her own.
Calling the decision of the governor about the appointment of the Lok Ayukta against the Constitution and hasty, advocate-general Kamal Trivedi on Wednesday contended that as per the Constitution the governor is a titular head of the state and cannot take any decision on his/her own and has to act on the aid and advice of the council of ministers headed by the chief minister.
On Wednesday morning, Trivedi began the argument for the council of ministers on the petition filed by the council challenging the governor’s decision on the appointment of Justice (retired) RA Mehta as Lok Ayukta. He argued that he had been appointed to advise the state and the governor on legal issues but he too was not contacted when the warrant appointing Mehta was issued.
“When the council of ministers sent the communication forwarding the decision of the council on the appointment of Lok Ayukta, the governor returned the same with the note that she does not agree to the appointment. Further, the governor sought advice from the attorney-general on the issue and directly communicated with the chief justice of Gujarat high court for the recommendation of names for the appointment of the Lok Ayukta. This act is against the provisions of the Constitution,” Trivedi argued.
Trivedi further argued, “We have no idea what advice was sought and what advice was given.
However, as per the Constitution, the governor cannot act without any aid and advice of the council of ministers. For any communication, the governor has to take the advice of the council of ministers. Further, even the speeches of the governor, her communication as well as every step have to be approved by the council of ministers.”
During the hearing, Justice Sonia Gokani asked whether the governor cannot have her own opinion and make any choice.
To this, the advocate-general repeated the same argument that the governor has to act only on the aid and advice of the council of ministers.
Further argument on the petition is scheduled for post-lunch session on Monday.
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