Question Q.13 (continued)GS2GS2
The judiciary has functioned as an institutional corrective, redefining and refining the contours of the Governor's office to prevent its misuse and uphold constitutional principles. Discuss this with the help of relevant case laws.
Main Body
[Judiciary Function as Institutional] (1) Corrective i Defining power of governor to call for state emergency (Art 356) [Tagged the Manipur emergency][Uttarakhand HC Quashed down emergency in H 2024] ii Ramakshan Case - SC held that mere suspicion of horse-trading cannot be considered ground for Art 356 or good dismissal. (2) Redefining and Refining the Contours: i Governor's discretion on BillsSC in [State of Tamil Nadu v/s BN Rau 2011] have defined the timeline for passage of the Bills: - 1 month for governor - 2 months for President-assent - 1 month for re-referred bill. a - other matters like Vice-chancellor appointment are still subjudiced. 3 - Supreme Court in [S.R. Bommai case, 1994] has also ensured limits on powers of Governor.
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Conclusion
But, Overall these features have helped uphold Constitutional Principles: i Governor as only Representative Head ii Democratic Mandate upheld - legislature over executive. Further recommendations of Sarkaria, Punchi and Rajmohm Commission have helped strengthen the office of governor.
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Topper
SURABHI YADAV
AIR 142025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Judicial role in institutional correction and Governor's powers
Writing Stats
164
Total words
1
Paragraphs
analytical
Tone