The main legal point established in the judgment is that the doctrine of pleasure is implicit in the Punjab State Commission for Women Act, 2001, and must be interpreted accordingly. The court also emphasized the requirement to provide a reasonable opportunity of being heard before removal, as mandated by the Act.

JUDGMENT

Anil Kshetarpal, J. - After having heard the learned counsel representing the parties at length and with their able assistance, after perusal of the paper-book as well as the written note of submissions, this Court is of the considered view that the following question requires adjudication:-

'If the Legislative Act enables the State, in the exercise of its executive powers, to remove the nominated Chairperson or the office bearers, who were appointed exclusively on political considerations, on the sole ground of their unsuitability, then, whether the applicability of doctrine of pleasure can be interpreted to be excluded from such Act?"

2. The relevant facts, in brief, are required to be noticed before proceeding further. The State of Punjab enacted the Punjab State Commission for Women Act, 2001 (hereinafter referred to as 'the 2001 Act') which received the assent of the Governor of Punjab on 19.04.2001. As per the preamble, the provision for constitution of Commission has been envisioned with a view to improve the status of women in the State and to enquire into the unfair practices affecting women and for the matters relating therewith or incidental thereto. Section 3 of the 2001 Act provides that the government shall, by notification in the Official Gazette, constitute a body to be known as the 'Punjab State Commission for Women' (hereinafter referred to as 'the PSCW'). On the careful perusal of Section 3 of the 2001 Act, it is evident that the government has the power to nominate a Chairperson who shall be an eminent woman committed to the cause of the women. The only requirement is that the government, before nominating the Chairperson, shall consult the women organizations within the State of Punjab. There is absolutely no other restriction or condition on the power of the government to nominate. Section 4 of the 2001 Act provides that the Chairperson and every other non-official member shall hold the office for a period of three years. Section 4(3) of the 2001 Act starts with a non-obstante clause which enables the government to remove the person holding the office of the Chairperson or any other member on the conditions laid down therein including clause (f) of Section 4(3) of the 2001 Act. It is considered appropriate to extract hereunder Section 4 of the 2001 Act because the interpretation of the aforesaid provision is pivotal to the decision of the case, the same is as follows:-

'4. Terms of office and conditions of service of Chairperson and members.

(1) The Chairperson and every non-official member shall hold office for a period of three years. Terms of office and conditions of service of Chairperson and members.

(2) The Chairperson or a non-official member may, at any time, by writing and addressed to the Government, resign from the office of the Chairperson or of the office of the member.

(3) Notwithstanding anything contained in subsection (1), the Government may remove a person from the office of the Chairperson or member if, that person:-

(a) becomes an undischarged invosolvent;

(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude;

(c) becomes of unsound mind and stands so declared by a competent court;

(d) Refuses to set of becomes incapable of acting;

(e) is, without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission;

(f) in the opinion of the Government, has so abused the position of the Chairperson or member as to render that person's continuance in office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such Chairperson or member;

Provided that, no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

(4) A vacancy caused under the sub-section (2) or subsection (3) or in any other manner, shall be filled in, as soon as may be, by a fresh nomination by the Government;