Sunday, January 9 2005 10:44 Hrs (IST) - World Time -

New Delhi: In a new twist to the controversy over the removal of Governors appointed by the previous NDA (National Democratic Alliance) regime, the Centre has told the Supreme Court that the President had unfettered powers to order removal of Governors and they could not be questioned by a Court of law.

This was stated by the Union Home Ministry in an affidavit filed before the Supreme Court, which has admitted a petition filed by B P Singhal challenging the July 2, 2004 Presidential order removing Kailashpati Mishra, Kidar Nath Sahani, Babu Parmanand and Vishnu Kant Sashtri as Governors of Gujarat, Goa, Haryana and Uttar Pradesh respectively.

The Court, in its order admitting the petition, had said, "The petition raises a question of public importance as to the interpretation of Article 156 of the Constitution."

In response to the notice of the apex Court, which is likely to hear the petition on Monday, the Ministry said, "The President has unfettered power to remove a Governor under Article 156(1), which provided that the Governor shall hold office during the pleasure of the President."

The term of five years of a Governor was subject to the doctrine of pleasure embodied in the Article 156(1), it said and added, "The five-year tenure is not absolute and can be abridged at the pleasure of the President."

"The exercise of a power founded on the doctrine of pleasure, even though the same is on the aid and advice of the Council of Ministers, cannot be questioned by the Court, particularly, in view of the bar of Article 361(1)," the Ministry said.