While deciding on the Writ on Judicial Review of Article 171(5) Nominations, the Telangana High Court in the bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, Quashed The Order and Gazette nominating Konda Reddy and Amir Ali Khan as MLC,

The Telangan High Court in deciding two writ petitions challenging the Governor's rejection of two individuals nominated to the Telangana Legislative Council, where the petitioners argue that the Governor does not have the authority to reject nominations made by the Council of Ministers under Article 171(5) of the Constitution and that the Governor's action is ultra vires the Constitution, The Court held that the Governor has the power to reject nominations but must exercise that power in accordance with the Constitution and cannot act arbitrarily or mala fide.

The Governor must act on the aid and advice of the Council of Ministers when exercising powers under Article 171(5) of the Constitution of India. However, the Governor may examine the eligibility or disqualification of a person recommended by the Council of Ministers.

While deciding on the Writ on Judicial Review of Article 171(5) Nominations, the Telangana High Court, bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, Quashed The Order and Gazette nominating Konda Reddy and Amir Ali Khan as MLC, and held the following:

*-The Governor's power to nominate Legislative Council members under Article 171(5) is subject to judicial review. -Individuals recommended for nomination have a legitimate expectation to be considered, and court challenges are possible. -The Governor's discretion must be exercised fairly and reasonably, without political bias. -The courts can examine whether the nomination criteria are met and whether the rejection is arbitrary or violates the Constitution.

What is Article 171(5) of the Indian Constitution?

*To understand if its fits the Judicial Review and what can be the Legitimate Expectation from it.

Introduction:

Article 171(5) of the Indian Constitution empowers the Governor to nominate members to the Legislative Council from individuals with special knowledge or experience in specified areas. This power is subject to judicial review, as per the Supreme Court's Constitution Bench decision in Nabam Rebia.

Scope of Judicial Review:

The Governor's discretionary powers under Article 171(5) are not absolute. Judicial review is available to examine whether the exercise of discretion is arbitrary or violates constitutional provisions, including Article 171(5).

Personal Immunity vs. Judicial Review:

Article 361 of the Constitution grants immunity to the Governor from legal proceedings for actions taken in their official capacity. However, this immunity does not preclude judicial review of the Governor's actions, including those under Article 171(5), if they are challenged on grounds of ultra vires or mala fides.

Legitimate Expectation:

Individuals who are recommended by the Cabinet for nomination under Article 171(5) have a legitimate expectation to be considered for the position. This expectation, however, is subject to the Governor's ultimate decision.

Article 171(5) and Special Qualifications:

The qualifications for nomination under Article 171(5) are specific and do not include political alignment. The rejection of a candidate solely based on political affiliation is contrary to the purpose of the provision.

Limits on Governor's Discretion:

The Governor's discretion under Article 171(5) is not unfettered. It must be exercised in a fair and reasonable manner, considering the qualifications specified in the Constitution.

Writ Petitions and Locus Standi:

Individuals whose nominations under Article 171(5) are rejected have the right to file writ petitions challenging the decision. They have locus standi to assert their legitimate expectation and the violation of their constitutional rights.

Thus, The Telangana High Court held that the power of the Governor under Article 171(5) is not immune from judicial scrutiny. The courts can review the exercise of discretion to ensure it complies with constitutional provisions. Individuals recommended for nomination have a legitimate expectation to be considered, and their rights are protected by Article 226 of the Constitution, and held that
*A public law declaration is issued that the Governor is bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171(5) of the Constitution of India. However, it is open for the Governor to examine the issues of eligibility or disqualification of a person recommended by the Council of Ministers, to the Legislative Council. In addition, the Governor has the power to remit the matter to the Council of 73 Ministers either to furnish requisite documents/information or for re-consideration of the recommendation made by the Council of Ministers. "

Dr. Dasoju Sravan Kumar Vs The Secretary to Her Excellency The Hon’ble Governor of State of Telangana,
in WRIT PETITION Nos.180 and 181 of 2024.
Coram: HON’BLE CJ ALOK ARADHE AND HON’BLE JUSTICE ANIL KUMAR JUKANTI
Order Copy:y0Gt9kDMFAGT6yuB4FhqREDiOIVL4XKFCG3l0zy6.pdf