PDF, 21st July 2016
In Greek mythology, it is said that Lycurgus, the ruler of Sparta, elicited ( ा त करना) a promise
from his subjects, assuring him of the immutability of his laws till he returned from an
impending journey. To make his laws immutable (अचल), Lycurgus never returned. Seven
justices of the Indian Supreme Court on a historic day in 1973 christened themselves as modernday Lycurguses, seeking to create, in India’s constitutional context, an island of immutability,
aptly titled the “basic structure”. Its value, much like Lycurgus’s fundamentally just laws, has
been established over time. Most recently, the Supreme Court implicitly relied on it and struck
down the unilateral actions of the Governor of Arunachal Pradesh in summoning an Assembly
session and sending messages to the Assembly as unconstitutional.
As in most other cases where a facet of the basic structure doctrine (मत) has been pressed into
service, the ends sought to be achieved in the Arunachal Pradesh judgment were lofty (अ भमानी)
— upholding the rule of law, safeguarding the power of judicial review and circumscribing the
role that an unelected Governor could play in determining the future course of State politics.
However, in reaching these unarguably desirable results, the judgment contains some troubling
reasoning that has potential (संभा वत) consequences for the future of government- judiciary
relations (नातेदार) in India.
In the lead opinion of Justice J.S. Khehar, three propositions of law are clearly laid down — first,
the Governor has no power to unilaterally summon an Assembly session unless the government
has, in his view, lost its majority; second, he cannot take steps relating to disqualification of the
Speaker; and third, he is barred from unilaterally sending messages to the Assembly on any
matter. The underlying justification for each of these is the constitutional role of the Governor as
the titular (नाममा का) head of the State executive. According to Justice Khehar, the Governor
is bound by the “aid and advice” of the elected Council of Ministers as the default rule. While he
has the discretion (ईमानदार ) to act on his own in certain matters, those matters must be
specified ( व तृत) “by or under the Constitution”. Inviting the leader of the majority party to
form a government is an example of such a matter since there is no Council on whose aid and
advice the Governor can act. On the contrary, calling an Assembly session, dictating (हु म) its
agenda and sending messages to the House are not.
1. Elicit (V)
ा त करना / नकालना

Synonyms : Bring out / wring / Evoke / Rattle / Shake

Antonyms : Placate / Cover / Supress
2. Immutable (Adj.) अचल

Synonyms : Abiding / Ageless / Stable

Antonyms : Flexible / Mutable / Variable
3. Doctrine (N) मत / श ा

Synonyms : Opinion / Axiom / Creed / Dogma

Antonyms : Heterodoxy / Disbelief
4. Lofty (Adj.) अ भमानी

Synonyms : Airy / Aerial / Tall

Antonyms : Below / Low / Modest / Beneath
5. Potential (Adj.) संभा वत

Synonyms : Hidden / Likely / Dormant / Budding

Antonyms : Unlikely / Impossible / Lacking
6. Relation (N) नातेदार / संबधी
 Synonyms : Kin / Kinship / Sibling / Kindred

Antonyms : Disunion / Opposition
7. Titular (Adj.) नाममा
का

Synonyms : Nominal / So-called / In name only

Antonyms : Actual / True / Real
8. Discretion (N) ईमानदार

Synonyms : Caution / Foresight / Maturity / Acumen

Antonyms : Omission / Neglect / Disregard
9. Specified (Adj.) व तृत

Synonyms : Stated / detailed / Named / Itemized
10. Dictate (N) हु म

Synonyms : Command / Code / Fait / Dictum

Antonyms : Answer / Question / Request
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