Raghav JhunjhunwalaAIR 4 · CSE 2025 · 238 wordsTheir whole copy
Opening
Governors are expected to be the constitutional links between Centre and States; given important Constitutional status as per Articles 163, 164.
Body · points
Gubernatorial overreach & challenges
(1) Situational Discretion misuse
- 1.1: Favoring political party at Centre (for govt formation)
- 1.2: Cured to great extent by S.R. Bommai judgement
(2) Legislative Issues
- 2.1: Article 200 & lack of Constitutional punctuality
→ TN Governor vs. State of TN, 2025
Hon'ble SC: Reprimanded & used Article 142
to pass all 10 pending bills
- set timelines (max 3 months) & asserted: no veto powers.
2.2 Failure to act upon COM advise wrt timing of Adjournment & prorogation
(3) Legal Issues Art 163(2): Governor Discretion is very wide (unlike Presidential discretion in Art 74)
(4) misuse of Art 356 (President Rule) (5) sitting upon appointment recommendations by COM. (6) university chancellor role dispute
Implications of such overreach (1) Harm to federal character: SR Bommai case: Basic structure. (2) Disrespect of public mandate & elected state govt. (3) Legislative & Executive delays and confrontation.
Suggested Safeguards :
I. SARKARIA Commission
1.1 Non political Background
1.2 Eminent life
1.3 consult CM before appointment
II. PUNCHHI committee
2.1 committee based selection of Governor
2.2 Remove the practice of
Close
Governor as Chancellor
III. NCRWC
Reiterated Sarkaria committee recommendations of Gubernatorial political neutrality.
Governors must act in the best public spirit free from any fear or favor as per Hon'ble SC at: Raghukul Tilak judgement