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Issues with the Office of Governor, Supreme Court's ruling: Governor…
Issues with the
Office of Governor
Who is Governor?
Borrowed from the Government of India Act of 1935: Historical context.
Dual role: Chief executive head and agent of the central government.
Constitutional provisions (Articles 153-167): Details on the constitutional framework.
Role of Governor
Discretionary powers: Recommending President's Rule (Article 356) and its implications.
Legislative powers: Summoning, proroguing, and dissolving the state legislature.
Appointment of Chief Minister and Council of Ministers: Process and responsibilities.
Fiscal responsibilities: Budget presentation, power to sanction money.
Constitutional head of the state: Representing central government and upholding the Constitution.
Consideration of Bills
Withholding of bills: Impact on state legislation.
Reservation of bills under Article 200
Pocket veto: Holding bills without assent.
Issues with
the Office
Lack of clear grounds for removal: Instances and consequences.
Indirect control by the Union Government: Relationship dynamics.
Violation of conventions: Lack of consultation with Chief Minister.
Examples of recent issues: TN Assembly incident.
Politically motivated appointments: Challenges to impartiality.
Misuse of Discretion-
ary Powers
Misuse of Article 174: Impact on state assembly proceedings.
Appointments without consultation: Instances and repercussions.
Governors revealing preferences: Instances affecting neutrality.
Misuse in inviting leaders: Impact on fair governance.
Supreme Court
Directions
Nabam Rebia judgment (2016): Limitations on Governor's discretion.
Government of NCT Delhi vs Union of India (2018): Resolving differences with constitutional morality.
S.R. Bommai case: Distinctions between proper and improper situations for President's Rule.
Way Forward
2nd ARC: Experienced figures as Governors, no reappointment, no judges as Governors, consultation with Chief Minister.
Punchhi Commission: Fixed tenure, impeachment procedure, time-bound decision on bills.
NCRWC: Amendment of Article 155, treating pre-poll alliances or coalitions as a single party.
Sarkaria Commission: Selecting Governors based on eminence, stable tenure, and minimal recent political activity.
Supreme Court's ruling: Governor cannot sit on key Bills, questioning validity of Assembly session.