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Akansh DhullAIR 3· 2029

Question 12GS2GS2

भारत में राज्यपाल: अपनी संवैधानिक भूमिका का अतिक्रमण करते हैं और आवश्यकता पड़ने पर प्रभावी ढंग से काम करते हैं। Comment. (Answer in 250 words or 250 शब्दों में उत्तर दें) / Governors in India often overstep their constitutional role and fail to act effectively when needed. Comment. (Answer in 250 words)

Open scan (p.29)

Main Body

Act 1531 talks about governor as head of state executive. Recently, governor is in controversy especially in opposition ruled states (Eg Kerala, Punjab)

Constitutional

Role of Governing: (1) Part of State legislature, assent defense or recommend some to Blended

Art 200

2Statutory discretion of hung assembly
3Recommend President rule [Art 356]

Overstepping constitutional role:

1Not acting on Aid and Advice of state elected ex-representative [Eg. Kerala]
2Not asserting to Bills in Kerala
2With regard to legislature regarding change in submission of governor address [Eg. Punjab case]
From RepresentativeAgent of Centre
Indulging in political debates, political vibes and partisanship

Issues and disputes with regard to 5th and 6th Schedules

Issue seen in Ladakh, North Goas.

5Not following spirit of Constitution'

Constitutional council - (1)4th CAA,1978 made advice binding on President but not on governor

Analysis as to why happening:(2) Immunity to governor [Art 361]
3No past settlement limitation. This indulge in politics for promotions

However this immunity and constitutional discretion not exercised when needed

Failure when needed:

1No report impacting Presidential rule in Harpur [Art 256]
188 words9 paragraphs

Diagram

Flow diagram showing Constitutional Role of Governing with branches for Part of State legislature, Statutory discretion of hung assembly, and Recommend President rule

Answer continues on next page
  • Contextual examples from contemporary states
  • Clear articulation of constitutional provisions
  • Identification of specific issues like discretion misuse

Topper

Akansh Dhull

AIR 32029

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

Governor's Role and Constitutional Limits

Writing Stats

188

Total words

9

Paragraphs

analytical

Tone