Explain the signiβicance of Constitution in a democratic form of government.
UPSC Mains Syllabus topic
Structure, organization and functioning of the Executive and the Judiciary— Ministries and Departments of the Government
Why was this question asked?
- Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of repromulgation of ordinances by the Governor without placing them before the legislature.
Introduction: The position of the Governor in India and their relationship with the President has been a subject of debate and scrutiny. While the Governor holds office during the pleasure of the President, the extent of the President’s control and the discretion granted to the Governor in exercising their powers have raised important constitutional questions.
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Dependency of the Governor’s Post on the President’s Pleasure:
- Article 156(1) of the Indian Constitution states that a Governor holds office during the pleasure of the President.
- The President can remove the Governor on grounds such as corruption, violation of the Constitution, or as deemed necessary by the Central Executive.
- The Governor’s term is typically five years, but they continue to hold office until their successor assumes the position.
- The Governor also has the right to resign at any time by writing to the President (Article 156(3)).
Discretionary Powers of the Governor:
Selection of a Chief Minister:
- In cases where no single party has a clear majority, the Governor exercises discretion in determining who will be recognized as the head of the Coalition Ministry.
- The Governor assesses the situation objectively and makes a decision based on the available options.
Dismissal of the Ministry:
- If the ruling party splits, resulting in the loss of majority, the Governor may be approached by the opposition requesting the dismissal of the ministry.
- The Governor, after consulting with the President, may remove the ministry in the interest of administrative purity or to address corruption within the ministry.
Advising the President for the Proclamation of the Emergency:
- It is the Governor’s responsibility to assess the circumstances and advise the President on the need for an emergency declaration in the state.
- The Governor may face resistance from the state administration, but if a breakdown in the constitutional apparatus is evident, they can exercise discretion in advising the President.
Discretionary Powers of the Governor of Assam:
- The Governor of Assam has specific discretionary powers granted under the Sixth Schedule of the Constitution.
- These powers include resolving disputes over royalty payments to District Councils and making decisions on matters presented by individual Ministers to the Council of Ministers.
Seeking Information from Chief Minister:
- The Governor is authorized to request information from the Chief Minister on legislative and administrative issues.
- The Governor exercises this authority cautiously, using it to gather necessary information for decision-making.
Dissolution of the Legislative Assembly:
- While the Governor generally does not dissolve the Legislative Assembly before its full term, they have the authority to dissolve it in exceptional circumstances.
- This discretion is used, for example, when there is a need to appeal to voters to end a period of political insecurity.
Situational Discretion:
- The Governor exercises discretion in various situations, such as appointing a Chief Minister when no clear majority exists,dismissing the council of ministers when they lack the confidence of the legislative assembly, or dissolving the
assembly when the council of ministers loses its majority.
Constitutional Discretion:
- The Governor has discretion in reserving a measure for consideration by the President and recommending the imposition of President’s Rule in a state.
- In addition, when serving as the administrator of a neighboring union territory or dealing with issues related to independent Tribal District Councils, the Governor exercises discretionary authority.
Statutory Provisions and Relevant Case Law:
- Article 174(2)(b) empowers the Governor to dissolve the State Legislative Assembly, but the exercise of this power is subject to their discretion.
- The Supreme Court, in the case of Surya Narain v. Union of India, upheld the dismissal of the Governor of Rajasthan, emphasizing the Governor’s lack of security of tenure and fixed term.
- The Court highlighted that the Governor holds office during the President’s pleasure, and their term can be cut short at the President’s discretion.
- The court ruling in Hargovind Pant v. Raghukul Tilak established that the office of the Governor is not considered an employment under the Government of India, and the Governor is an independent constitutional office not subject to the control of the Centre.
Conclusion: While the Governor’s position theoretically allows for independent judgment, the practice has been influenced by the prevailing political climate. Striking a balance between the Governor’s independence and their accountability to the Centre remains a challenge.
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