Mumbai: A public interest litigation filed
in the Bombay High Court has sought direction to the Union
government to frame elaborate rules on the appointment of
Governors under Article 157 of the Constitution.
Existing provisions of Article 157 are vague and
discriminatory, says the petitioner, advocate VP Patil,
adding that, a person holding this Constitutional post must
not be a "political appointee".
Article 157 states that a person of Indian nationality
and at least 35 years of age can be appointed as Governor.
The PIL argues that going by these criteria, "half the
country`s population" would be eligible.
In the absence of elaborate rules, the existing
provisions are "arbitrary and illegal", the PIL says.
It further states that as the Governor also exercises
some quasi-judicial powers, the appointee must have good
knowledge of the Constitution.
The PIL suggests that appointment rules can be framed by
a committee headed by Chief Justice of India, and comprising
Speaker of Lok Sabha and the Prime Minister.
The petition may come up for hearing on February 3.