Trace Your Case

ISSUE:

Whether the nomination and termination of members to the Mara Autonomous District Council (MADC) by the Governor of Mizoram, pursuant to Paragraph 2(1) and sub-paragraph (6A) of Paragraph 2, read with Paragraph 20-BB of the Sixth Schedule to the Constitution, were exercised within the discretion conferred upon the Governor?

Whether the Sixth Schedule to the Constitution is a "Constitution within the Constitution" that allows the Governor to act independently of the Council of Ministers?

Whether principles of natural justice apply to the termination of nominated members who hold office at the pleasure of the Governor?

RULE:

Parliamentary System Principle: Governor's power to terminate members must flow through ministerial advice as he acts as constitutional head, not an independent authority.

Pleasure Doctrine: Since members held office at Governor's pleasure, their termination without notice or hearing was legally valid.

Limited Discretionary Powers Principle: While Governor could exercise discretion in nominating members, termination required ministerial advice as it wasn't listed as a discretionary power.

Judicial Review of Discretionary Powers: Courts cannot question Governor's discretionary nominations since Constitution explicitly granted this power.

Constitutional Integration: 6th Schedule must be read with rest of Constitution, rejecting argument that it operated as independent constitution for tribal areas.

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