Ans1- Constitutional issues-

A) Whether the petition is maintainable or not?

B) Whether the removal of Governor is open to judicial review?
C) Whether there are restrictions on the power of the President under Article 156(1)?
D) Whether the removal of Governor in this case is fair?

Legal Reasoning-

A) It was held in Surya v. Union of India that the term of 5 years given in Article 156(3) is
subject to the pleasure of the President under clause (l), so that if the Governor is
dismissed by the President before the expiry of that term, there shall be no legal remedy
and is non-justiciable. The High Court of Rajasthan held that the President can dismiss a
governor at his pleasure.
B) In State of Orissa v. Vidhyabhushan it was held that the President may dismiss a
Governor, at any time, on any grounds, and without showing any cause. The courts
cannot interfere on the ground that the Governor has been dismissed without sufficient
cause.
C) In B.P. Singhal v. Union of India, the court held that the President can remove the
governor at any time without giving any reason but the president cannot act arbitrarily
and if the governor shows that his removal was based on malafide reasons or whimsical
then the court will come into role. The court also has the power to call the Union
Government to disclose the reasons and if the reasons are found to be whimsical or
malafide then the court will interfere. It cannot interfere merely on the grounds that the
reasons are insufficient or immaterial.

Conclusion-

a) In this case, the Governors challenged the constitutionality of their removal from the
institution of Governers and alleged that their tenures are still valid under Article 156(3)
under the constitution of India but this clause is subject to the clause (1) of Article 156.
b) According to B.P. Singhal v. Union of India, the President can remove the Governor
without assigning any reason but if the governors show that their dismissal was based on
malafide reasons then the court can interfere.

ANS2- The Constitution should be amended such that Proceedings to impeach the Governor due
to following reasons-

a) The Indian Government follows the Canadian Constitution in providing for the
appointment of governor to make the centre strong. Due to the occurrence of many
unfortunate events such as communal riots, assassination of M.K.Gandhi and the
 partition, the constitutional makers thought of a strong center. There was a fear that if the
Centre was not strong and could not hold the constituent units together, things would fall
apart and anarchy.
b) An elected Governor came into direct conflict with the chief minister of the state and lead
to unfavourable conditions. The Governor and Chief Minister can also join hands to defy
the centre and it can also lead to separatist conditions. Also organizing elections for the
governor add burder on the government which is not necessary.
c) It is a independent post and the governor should be given the right to be heard by others if
he is found to be incompatible due to any misbehavior. Also the impeachment of
Governor will make the post more independent and disallow the party politics.