GIST:
1) Any Governor can be dismissed any time by order of The President.
2) President is bound to dismiss a Governor if the Ruling Government recommends dismissal.
3) The Court has no power to sit in appeal over decision of government to dismiss a governor.
4) The Court has no power to sit in appeal over order of President passed in such case.
5) But the Court has power to call for files to see that the decision is based on some "Relevant Material" and "Decision is based on some reasons".. .. But.. the court cannot examine whether "Reasons were politically right or wrong".
6) The court can cancel order only if there is no material, or no sufficient material on file to take such decision.
6) Since last some years, Supreme Court is aware that an outgoing goverment may be passing some policies, some orders, some appointments...at last minutes... for some extraneous considerations.
The Courts are therefore, recently, of view that any New Incoming Government can Review and Reverse orders passed by outgoing governments.
Haresh Raichura
6/6/2014
