Question Q.10DiscussGS2GS2

Under what circumstances can the Governor use his discretionary powers under Article 200 of the constitution? Discuss its impact on the role and authority of the Governor in the federal setup.

Main Body

As per Carwali Commission Report, Governor is the vital link of communication in the federal structure of Indian polity. Various constitutional provisions: Article 163, Article 200, Article 201, Article 356, Article 213. Articles 200 - provides for the reservation of Bills passed by state legislative Assembly for the consideration of President, by the Governor. Situational Discretions: 1) Article 200 acts a veto power in the hands of Governor => NO qualification criteria for reservation of Bill for consideration by President. 2) The Governor can exercise even money bills for consideration.

3Bill intends to limit the powers of high court and implications on trade and commerce => mandatory measure bills for President. Impact: 1) Unites tensions b/w state and centre => the President can return the bill back to SLA, reserve it indefinitely, or re-consider the Bill (No Time limit). 2) Vested by the centre to subvent the legislative authority of states under Schedule 7. 3) Pressure of Governor - arbitrary reservation of bill => delay decision making => weakening authority of democratically elected youth. 4) Political weaponisation of Article 200 by Governor. Eg. Tamil Nadu Bills => therefore, in BP original case, Supreme court held that governor should be an apolitical body and discharge duties of IR constitutional office and not misuse its power in situational discretions.

218 words1 paragraphs

Diagram

Table showing various Constitutional Provisions with columns for Article 163, Article 200, Article 201, Article 356, Article 213

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Page 24

Topper

ritika

2023

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Executive

Writing Stats

218

Total words

Paragraphs

analytical

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