Beniwal’s claim of exclusive right to appoint Lokayukta is not in keeping with spirit of Constitution: Bench
The Supreme Court has reiterated that the Governor is bound to act on the aid and advice of the Council of Ministers, unless he acts as persona designata i.e., eo nomine under a particular statute or acts in his own discretion under the exceptions provided for in the Constitution itself.
Upholding the appointment of Justice R.A. Mehta as Gujarat Lokayukta by Governor Kamla Beniwal, a Bench of Justices B.S. Chauhan and Ibrahim Kalifulla said on Wednesday: “It is evident that the Governor enjoys complete immunity under Article 361(1) and that under this, his/her actions cannot be challenged for the reason that the Governor acts only upon the aid and advice of the Council of Ministers. If this was not the case, democracy itself would be in peril. The Governor is not answerable to either the House of the State or Parliament or even to the Council of Ministers, and his/her acts cannot be subject to judicial review. In such a situation, unless he/she acts upon the aid and advice of the Council of Ministers, he/she will become all powerful, and this is an anti-thesis to the concept of democracy.”
See the link for furhter details: