Discretionary power of governor. Discretionary Powers of the Governor 2019-01-04

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What are the Indian president's and governor's discretionary power?

discretionary power of governor

Article 239 2 which gives him certain functions when appointed to be Administrator of a union territory, 5. Later elections were held in September. · ii Though no reason need be assigned for discontinuance of the pleasure resulting in removal, the power under Article 156 1 cannot be exercised in an arbitrary, capricious or unreasonable manner. There is no denying the fact that the Governor plays a dual role. It may, however, be pointed out that the reorganization of the States in 1956 and the incorporation of a new Article 371, in the Constitution authorize the President to make provision for any special responsibility of the Governors of Punjab, Andhra Pradesh, and Bombay and specially entitle them to act in their discretion in particular cases. It is well settled that unless a particular Article expressly so provides, an obligation of the Governor to act in his discretion cannot be inferred by implication, as held by the Hon'ble Supreme Court in Ram Jawaya v.

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The Use and Abuse of Discretionary Powers of Governor in Formation of Ministry in a State in India

discretionary power of governor

In fact, it did happen in Madras and Travancore- Cochin, in 1952, after first General Elections and in Kerala and Orissa, in 1957 after second General Elections. If the bill is re-passed by legislature with or without amendment, the governor has to give assent to the bill. When the ministry losses support of the house, the governor will dismiss the ministry. Under our system, the office of the Governor is more colonial, imperialistic and authoritarian than it was during the British system, prior to our Independence. Vice-chancellors Governor is the Chancellor of universities in the state and he appoints vice-chancellors in various universities. Hence since the early 2000, the number of cases of imposition of President's rule has come down drastically. Vaghela and some of his colleagues had created disorderly scenes in the House and indulged in violence.


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UPSC Civil Services Exam: Discretionary Powers of the Governor

discretionary power of governor

Out of 41, 5 were independents. Even then if she clung to her stance, the Governor could have referred the matter to the Election Commission under Article 192 and should have acted in accordance with its opinion. The Sixth Schedule, which gives the Governor of Assam two discretionary powers; the first deals with the disputes between the Government of Assam and an autonomous Tribal District Council with respect to the sharing of royalties that accrue from the lease of mining rights within the State. If there is great deal of political discharge money in the state and political stability is being undermined the role of the Governor naturally becomes much larger. Financial Powers Money bills in the State legislature cannot be introduced without prior recommendation of the Governor.


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The Discretionary Powers of the Governor of a State

discretionary power of governor

The necessity to exercise such powers may arise from the express provision of the Constitution or by necessary implication. The Constitution does not specify these matters but the matters in which he can act without the advice of the council of ministers are: selection of Chief Minister if no political party has a clear-cut majority or does not have an acknowledged leader; dismissal of a ministry if he is convinced that it has lost majority support; dissolving the legislative assembly; reservation of certain bills for the consideration of the president; submission of report to the president regarding failure of Constitutional machinery of the state. The entire administration of the State is carried out in the name of the Governor but practically the real authority is exercised by the Council of Ministers. Nandini Satpathy who according to the opposition had lost the majority on account of desertion of 26 legislators from her party. After the mid-term poll the same situation emerged in West Bengal and Orissa March 1970 , where none of the parties could get majority in the Assembly.

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Discretionary Powers of the State Governor

discretionary power of governor

Unfortunately, no uniform practice has been followed or parliamentary traditions evolved in the practice of the appointment of Chief Ministers. The writer is a former Law Minister of Tamil Nadu. Such instances can be multiplied. He must summon the session of the Assembly and ask the contenders to show their strength without the least possible delay. Indira Gandhi held that the position of the President and that of the Governor are just titular in nature and that the real power is actually exercised by the Council of Ministers. State of Punjab Justice K.

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Discretionary Powers

discretionary power of governor

That would amount conferring the power of review on the Governor in respect of the decisions taken by the Council of Ministers which is answerable to the Legislative Assembly and the people. The term 'stability' is taken to mean not only the numerical superiority of the ruling party but also its ability to hold on to the majority strength and continuing with it. In the past also, some Governors abused their discretionary power. The authority of the Governor even in the discretionary field is not unrestrained. The Court opined that the Tribunal concerned in this case had come to a wrong conclusion that the sanction required under the relevant rule is the sanction of the Governor. Secondly, we may also add that there is another line of demarcation in the Governor's role as constitutional head of the state has primacy over his role as agent of the center as the former relates to periods of normally and the latter to emergency situations.

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The discretionary powers of the governor of a State

discretionary power of governor

It happened in 1957 soon after the General Elections and in 1958, when the Mahtab Ministry tendered its resignation. Retrieved 23 March 2017, from Punchhi Commission 2010. Moreover, if the ministry is engaged in activities detrimental to the national security or solidarity, Governor may exercise his discretionary power and dismiss it. How can the Governor discharge these duties if he has not before him certain information? Although the words 'in his discretion' are mentioned in the Constitution, the provisions relating to the exercise of these powers are couched in general and vague terms. Even this limited area of choice of action should not be arbitrary or fanciful. The Sakaria commission report further adds that such necessity may arise even from the rule and order made under the Constitution. It made it clear that The Governor should be guardian of the Constitution and not to any political party.


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UPSC Civil Services Exam: Discretionary Powers of the Governor

discretionary power of governor

The Governor is a ceremonial head of the state. When the Legislature Party put such an unlawful and illegal claim before the Governor, Ms. In case of a Bill other than a Money Bill, the President may direct the Governor to return the Bill for reconsideration. The position and power of the Governor vis-à-vis the Council of Ministers has always been an area of dispute in determining the extent of the discretion of the Governor. Article 163-- Council of Ministers to aid and advice Governor. Under the first method, he can ask the contenders to provide a list of their supporters and to enquire from each member on the list about his choice. Ambedkar observed in the Constituent Assembly that the Governor is required to follow the advice of his ministry in all matters therefore the satisfaction of the executive is not his personal satisfaction, but satisfaction in the constitutional sense under the Cabinet system of Government.

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The Use and Abuse of Discretionary Powers of Governor in Formation of Ministry in a State in India

discretionary power of governor

In the words of Soli Sorabjee, eminent jurist and former Solicitor-General of India, 'After the Supreme Court's judgment in the S. Yet in a Parliamentary form of government, such dissolution is possible in order to appeal to the electorate to end a situation of political instability. Normally, the Governor has to act on the aid and advice of the Council of ministers headed by the Chief Minister. In the case of a money Bill, the President may either declare his assent or withhold his assent. Jayalalithaa to become a qualified person for nomination.


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Article 163 of Indian Constitution states that Governor can act in discretion, and it won't be questionable. Then how come SC quash Governors order?

discretionary power of governor

However, Election Commissioners in states can be removed only in like manner and on like grounds of a state high court judge. The court said that a Governor is not an elected representative, but only an executive nominee whose powers flow from the aid and advice of the Cabinet. Iyer put forth a very fundamental question regarding the bare basics of the Constitution; he posed the question at 92 that— Does our legal political system approximates to the Westminster style Cabinet Government or contemplate the President and the Governor, unlike the British Crown being real repositories of actually exercising power in its comprehensive Constitutional significance? If the aggrieved person is able to demonstrate primafacie that his removal was either arbitrary, malafide, capricious or whimsical, the court will call upon the Union Government to disclose to the court, the material upon which the President had taken the decision to withdraw the pleasure. There is also a lot of controversy regarding the discretionary powers of the governors. Generally, statutes expressly confer right to exercise discretionary power to administrative agencies. Preference should continue to be given to the minority groups as hitherto. The area in which the Governor has to act in this discretion is ear-marked , in various Articles and if the question arises whether the Governor should exercise this discretionary power in that area, then his decision in that respect attains finality under Article 163 2.

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