PROFESSOR Upendra Baxi defines a crisis as a situation where "the structure of a social system allows fewer possibilities for problem-solving than are necessary for the continued existence of the system". Where people desire change but are unable to initiate or attain it, there arises a perception of crisis. A crisis is not a situation-it is the incapacity to act. Among various crises, the first and foremost is the crisis of legitimation of law and legal institutions. The institution of governor in the Constitution is one perversion arising out of this crisis. It will not be an overstatement to say that no institution or constitutional office has suffered greater erosion or degradation than the office of the governor in India.
The recent controversy where the then governor of Tamil Nadu Banwarilal Purohit referred the mercy petition filed by AG Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case, to the president of India has added a new dimension to this crisis. The matter has been brought before the Supreme Court on the ground that it is against the well-established constitutional convention and judicial precedents. The Supreme Court amazingly took this matter seriously and questioned the governor's decision to refer the mercy petition to the president of India and observed that: "The President has no role under Article 161. In case the Governor has a different opinion, he has to send it back to the State."
Esta historia es de la edición May 30, 2022 de India Legal.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición May 30, 2022 de India Legal.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.
Ya eres suscriptor? Conectar
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
