Question 12CommentGS2GS2

भारत में राज्यपाल प्रायः अपनी संवैधानिक शक्तियों का अतिक्रमण करते हैं और आवश्यकता पड़ने पर प्रभावी ढंग से कार्य करने में विफल रहते हैं। (टिप्पणी कीजिए) (उत्तर 250 शब्दों में वर्णित) Governors in India often overstep their constitutional role and fail to act effectively when needed. Comment. (Answer in 250 words)

Introduction

Article 153 of the constitution provide for a governor in every state and Article 154 states that executive power of a state lie with the governor.

26 words

Main Body

Article 153 of the constitution provide for a governor in every state and Article 154 states that executive power of a state lie with the governor.

'Long arm of the union with iron glove'Sarkaria Commission.

Overstep constitutional role and fail to act when needed

1Discretionary powers under Article 163 are for emergency situations for breakdown of state authority, law and order and so President's rule (356).

But governors use it as per whims and fancies for Arunachal Pradesh on Cancels direction (Neham Rekha Case) for political gain.

2Bills have to be withheld or passed for President's consideration under instance like violating position of high court or are unconstitutional.

But governors delay bills arbitrarily and stall legislative business.

Supreme Court in Tamil Nadu- N Kori case gave strict warning.

3Appointment of CM when no majority is discretion but floor test also necessary (CSR Boomi case) before dismissing claim.

But governors have violatedMaharashtra CM Swearing.

4Fail to act →

i) Instance of state emergency, special need for fundsDisaster

ii) Breakdown of machinery but state is ruled by central using party (not fulfilling constitutional mandate).

5Role as Chancellor of universities also questioned → Anil Mohammad case in Kerala.

6Discretionary powers for Norn Laken states → Schedule 6 Areas → but their mandate not satisfactory.

7In legislative business → governor has to summon house, give stating address but not followed → Tamil Nadu.

i) Hagshmand Pant is Legitimate tilan case: Way forwardgovernor just constitutional head and power with CM and council of minister.

ii) Sarkaria and NCRWG recommendInterstate council for governor appointment.

iii) Strictly non-party man.

iv) Define term, qualification (CBF Singh case).

As held by former PM Manmohan Singh, governors must understand their constitutional Dharma and subtle role [inactively].

305 words16 paragraphs

Conclusion

As held by former PM Manmohan Singh, governors must understand their constitutional Dharma and subtle role inactively.

17 words

Examiner score

1.2/10

Open original scan

Page 29

Topper

Nisar Dishant Amrutlal

AIR 192024

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Executive

Governor's Powers and Constitutional Role

Writing Stats

348

Total words

Paragraphs

analytical

Tone