A provision in need of serious review


A  provision in need of serious review

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As for the mechanism for utilization of Fifth Schedule, first there has to be clarity on the discretionary powers of Governor, in general. So far, Hon'ble Supreme Court has dealt with


this in most dogmatic and ad-hoc manner. If Indian Parliament is not at-par with British Parliament, lack of judicial function and several other factors, stating that governance model of


India is similar to British Westminster Model of Cabinet in _Ramjawaya Kapoor, Sanjeewi Naidu, R C Cooper, U N R Rao and Samsher Sing_h was entirely uncalled for; and the incremental


corrections in _State of Rajasthan, State of Karnataka, Hargovind Pant, S R Bommai, M P Special Police Establishment and B P Singhal_ still don't provide adequate clarity until the


earlier set of rulings are expressly overruled, in view of New Separation of Power doctrine of Bruce Ackerman, read with checks and balance needs. This is wiser way of moving forward on


Governor's discretionary powers, instead of adding to discretionary functions on contingency basis, as the Supreme Court has done since 1974.