🙏🙏🙏🇮🇳❤️🤍💚⚖️✅
#ConstitutionofIndia
@rashtrapatibhvn
@VPIndia
@lokbhavan_tn
@MLJ_GoI
@PIB_India
@pibchennai
If a complaint arises Alleging that a letter submitted by a
#candidate to the Governor of a State is forged or Fake, the Governor must act with utmost caution, keeping in mind constitutional Responsibility and Administrative Propriety.
👇
The following are the general procedures to be followed in such situations, along with the relevant legal provisions:
Verification of the Authenticity of the Document
The
#RajBhavanSecretariat must verify:
the
#signature,
#officialletterhead,
#registration/reference number,
#Date of issuance,
and related office records
connected with the letter.
Relevant
#Legal Basis:
#ConstitutionofIndia –
#Article153 &
#Article154
These provisions relate to the constitutional authority and administrative responsibility of the Governor’s office.
Bharatiya Sakshya Adhiniyam, 2023
Provisions relating to the authenticity and evidentiary value of documents.
Seeking Explanation from the Concerned Person
A written explanation may be sought from:
👇
the candidate who submitted the letter, or
his/her representative.
Legal / Administrative Principle:
Principles of Natural Justice
(“Audi Alteram Partem” – the other side must also be given an opportunity to explain.)
This is a fundamental principle of Indian administrative law.
Obtaining Legal Opinion
If necessary, opinions may be obtained from:
the State Law Department,
the Advocate General,
or other legal experts.
Relevant Constitutional Provision:
#ConstitutionofIndia –
#Article165
Provision relating to the Advocate General of the State.
Referring the Matter to
#Police /
#InvestigativeAgency
If prima facie evidence suggests that the document is forged, the matter may be referred for police investigation.
Relevant Criminal Provisions:
Under Bharatiya Nyaya Sanhita, 2023
#BNS
#Section335 – Forgery
#Section336 – Using a forged document
#Section318 – Cheating
#Section340 – Creation of forged electronic records/documents
#Section204 – Impersonation of a public servant (where applicable)
(Note: Depending on the nature and timing of the incident, corresponding provisions under the former
#IPC such as
#Section463,
#section464,
#section465,
#section468,
#section471 may also apply.)
Temporarily Withholding Decision-Making
If any:
appointment,
recommendation,
political action,
or administrative decision
was proposed on the basis of the disputed letter, such action may be kept in abeyance until the completion of the inquiry.
Legal Basis:
Administrative Fairness
Constitutional Morality
Principles of Due Process
Maintaining Neutrality
The Governor must act solely on the basis of evidence, without yielding to pressure from any political side.
Relevant Constitutional Principles:
#RuleofLaw ✅
#ConstitutionalNeutrality✅
#PublicTrustDoctrine✅
These principles have repeatedly been emphasized by the Honourable
#SupremeCourtofIndia.✅
Issuing an
#OfficialClarification🙏
If public confusion arises, an official clarification may be issued stating that:
👇✅
“The Matter is under Examination,” or
“an inquiry is being conducted regarding the Alleged Forged Document.
#AdministrativePurpose:
to prevent the
#spread of
#misinformation,
to preserve
#publicconfidence,
and to uphold the dignity of
#constitutionalprocesses.
Core Constitutional
#Responsibility of the Honourable Governor
The Governor’s Duty is:
to protect the Dignity of the Constitution,
to maintain Administrative Credibility,
to prevent Democratic processes from being undermined through Forged Documents,
and to uphold the Rule of Law firmly and impartially.
#RuleofLaw