This same Jaitley (a minister in Vajpayee's cabinet) had vehemently criticized the PRIME MINISTER for his RAJDHARAM advice to Modi ( for genocide pogrom of 2002) and had ganged up with all the other leaders of BJP to silence that GREAT STATESMAN POLITICIAN Vajpayeeji for ever, That is the credentials of this socalled LEGAL LUMINARY, who can survive only on the mercy of EVIL POLITICS.
The Governor and the CJ have been consulting the CM for 8 years. If the CM's wishes are paramount, there would either be a Lokayukta in the mould of Nanavaty or Raghavan, or the position would be permanently vacant!
The Act framed by the legislature does not give any primacy to the opinion of the Chief Justice
This is exactly where the judgment is unclear. If the act does not establish primacy to HC CJ, why did the SC interpret it in such manner? It was not clear from any article I read about this subject how a mishandled act of Governor went on to be ratified by SC just because of this enabling primacy of CJ.
Jaitley is spot on in his analysis.