The Judgment in State of Maharashtra v/s Governing of Tamil Nadu: The role of judiciary in preventing misuse of Governor's office.
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.
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
Sunawardeep Singh Masoun
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Role of Judiciary in Preventing Misuse of Governor's Office
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analytical
Tone