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Gaurav OjhaAIR 204· 2025

Question Q.15DiscussGS2GS2

Against the intentions of the constitution makers, the use of discretionary powers by governors has become a major source of tension in Centre-state relations. What are the discretionary powers of the Governor? Also, discuss the issues associated with them.

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Introduction

The recent tussle over cancellation of NEET Bill in Tamil Nadu has highlighted Centre-State tensions via the role of Governors, & the exercise of his discretionary powers, which include:

29 words

Main Body

1. Reservation of Bills for assent of President

2. Appointment of vice-chancellors of University (only some states give this power).

3. Recommending President's Rule in a State, if he believes there is a breakdown of constitutional machinery.

4. Choosing a chief minister in case of a hung assembly.

However, the misuse/over-use of discretion has led to several issues:

1. Recent tussle between Kerala governor and government over appointment of vice-chancellor of university.

2. Governor's reservation of Bills for President assent which fall within legislative competence of State.

3. Acting in a partisan manner while selecting chief minister in case of a hung assembly. Eg. as seen in Recent Karnataka election.

4. Recommending President Rule without exhausting all possibilities of forming a government. Eg. recently seen in Maharashtra, where President Rule was imposed overnight.

5. Other powers misuse by Governor, Eg. West Bengal Governor refusing to summon first session of assembly.

6. Governor's direct interaction with bureaucracy as seen in a few states.

162 words7 paragraphs

Conclusion

The Constitution envisages discretion for Governor, but not with the intention of overtaking the elected representative's every decision. The Centre should follow Sarkaria Commission guidelines in appointing a non-partisan, politically inactive Governor.

32 words

Examiner score
1.65/10

Open original scan

Page 35

Topper

Gaurav Ojha

AIR 2042025

Subject & Paper

GS2GS2

Topic

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

Federal Structure Challenges

Discretionary powers of Governor

Writing Stats

223

Total words

7

Paragraphs

analytical

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