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Criticism – Governor - Coggle Diagram
Criticism – Governor
Intro
CI
New definition of democracy
Governor are functioning in new way in this country
MB
BP/GE/IS
Supposed to uphold the consti and the law
acting as behest of the CG
no longer protectors of the rule of law
protectors of the party in power
office of Governors
retirement package for politicians
for being politically faithful
Role of Governor
put end to continuous misue
Raj Bhavan
for partisan political ends
threatens
both federalism
and democracy,
rethink role of governor
in Constitutional Scheme
Issues
Governor standing
as a bulwark
against secessionism or
providing
legislative expertise to state
no longer
valid justifications
Governors interference
democratic process
both real and continuing
MB
CJ an IMP Cases
SC Judgement
In Shamsher Singh v. State of Punjab (1974)
Governor
Has no right to refuse
advice of the CoM
antithetical to concept of responsible govt
Office of Speaker
Kihoto Hollohan v. Zachillhu (1992)
Law covered disqualification of legislators
Speaker has the power to decide
became part of statute book in 1985, adopted 10th schedule
certain basic features cannot altered by amend by parli
Nabam Rebia Case
bound to accept the decision of cabinet
Gover has no discretionary powers
So long as CM enjoys majority support in Assembly
Decision
convene the assembly session by cabinet
Gover merely sign the summon order
House
Gover has no role to conduct business of house
done under control and supervision of speaker
Governor
Not have power to bring
confidence motion in the house