The Union Ministry of Law and Justice is all set to write to West Bengal Chief Minister Mamata Banerjee, informing her of the constitutional position that says the governor is bound to take decisions on the aid and advice of the Council of Ministers in the state.
The ministry will respond to a recent letter by Banerjee asking the Centre to clearly mention in the National Judicial Appointments Commission Bill that the governor will have to follow the advice of the state government in appointment of High Court judges.
Banerjee had written to Law Minister Ravi Shankar Prasad following his request to all chief ministers to ratify a Constitutional Amendment Bill to make way for the proposed commission for appointment of judges to the higher judiciary.
“The role of the governor has to be seen in the constitutional sense. The Law Minister had clarified on the issue while replying to the debate on the Bill in Parliament,” a senior official said.