SS

Sunawardeep Singh MasounAIR 76· 2025

GS2GS2

The Judgment in State of Maharashtra v/s Governing of Tamil Nadu: The role of judiciary in preventing misuse of Governor's office.

Open scan (p.29)

Main Body

The Judgment in State of Maharashtra v/s Governing of Tamil Nadu served The State of Judiciary in redefining contours of Governor's office. Role of judiciary in preventing misuse of Governor's office: (1) Preventing ambiguous legislations through sneaked ordinances (9) - D.C Wadhwa case (2) Timeliness of decisions on state legislation decisions (9) - At 200 Timeline in State of Maharashtra case (3) Limit on Gubernatorial discretion by madelery adheres to aim & advice of Council of Minister (9) - Shamley V. State of Punjab case (4) Governor having emanational role within Constitutional limits (8) - Nalam Pehla case But here are still some issues in Governor's discretion: i Criminal immunity from any case against rule of law (9) - Allegation of sexual harassment against West Bengal governor ii Still misuse of Ordinance powers by Governor to obstruct Court's judgment (9) - NCSA case of Delhi iii Bypassing self-responsibility by swearing laws to precedent (Art 261) Way forward to balance Governor's discretion with Constitutional principles: i Adherence to COLUMN's timeline of spent judgment regarding Art 363 ii Constitutional of functional discretion by aid of council of minister iii Non political neutral position as a governor to uphold integrity (Pursell Commission) Governor was viewed to be an Ornamental position to act as a conduct between civil & state to preserve the federal structure of India - Dr. B.R Ambedkar.

5Separation of power between legislature & executive (9) - New Delhi case on issue of civil service authority (6) Educational institutions upholding by acting on the delay in Vice Chancellor appointments (9) - Tamil Nadu governor case But there are still some issues in Governor's discretion: i Criminal immunity from any case against rule of law (9) - Allegation of sexual harassment against West Bengal governor ii Still misuse of Ordinance powers by Governor to obstruct Court's judgment (9) - NCSA case of Delhi iii Bypassing self-responsibility by swearing laws to precedent (Art 261) Way forward to balance Governor's discretion with Constitutional principles: i Adherence to COLUMN's timeline of spent judgment regarding Art 363 ii Constitutional of functional discretion by aid of council of minister iii Non political neutral position as a governor to uphold integrity (Pursell Commission)
366 words1 paragraphs

Conclusion

Governor was viewed to be an Ornamental position to act as a conduct between civil & state to preserve the federal structure of India - Dr. B.R Ambedkar.

28 words

Topper

Sunawardeep Singh Masoun

AIR 762025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Role of Judiciary in Preventing Misuse of Governor's Office

Writing Stats

394

Total words

1

Paragraphs

analytical

Tone