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.
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:
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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.
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.
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Page 35
Gaurav Ojha
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federal Structure Challenges
Discretionary powers of Governor
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