Discretionary power of governor. Governor: Executive, Legislative, Judicial and Discretionary Powers 2019-01-09

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UPSC Civil Services Exam: Discretionary Powers of the Governor

discretionary power of governor

It is outside the preview of Article 163 1 as it is not expressly spelt out in any provision of the Constitution. The Constitution does not aim at providing a parallel Government within the State by allowing the Governor to go against the advice of the Council of Ministers, therefore neither the President, nor the Governor is to exercise executive functions at their own discretion. He felt that neither of them would be able to minster the strength of 122 out of 243. However, the President may not always act on the advice of the Governor as the latter is after all a nominee of the Central Government and can be partisan in approach. The powers of the Governor as the Constitutional head are not different.

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Abuse of Discretionary Power by Governor

discretionary power of governor

Admittedly she has been punished in three criminal cases; she is not eligible to contest elections as per Section 8 3 of the Representation of the People Act, 1951 and her nominations were duly rejected. But such a conclusion is inconsistent with the express conferment of discretionary power of the Governor under Article 163 2 , for, if Governors have a discretion in all matters under Article 163 1 , it would be unnecessary to confer on Governor an express power to act their own discretion in a few specified matters. Besides, he claimed support of 2 C. The Governor can be removed only in the special, rare and extraordinary circumstances only. In the words of Soli Sorabjee, eminent jurist and former Solicitor-General of India, 'After the Supreme Court's judgment in the S. Though it reflects contradictory claims as to whether or not the Chief Minister enjoyed majority support yet it is certain that the Governor could exercise his discretion and not dissolve the Assembly, had he so liked.

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Discretionary Powers

discretionary power of governor

The same discretion is given to the President also under some circumstances. As revolted against Chief Minister Suresh Mehta of Gujarat. In the discharge of these functions, as the agent of the President, the Governor acts in his discretion. Article 356 1 which provides that the Governor can make a report about the failure of the constitutional machinery in the state. Bakshi, The Constitution of India.

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

discretionary power of governor

Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state. For instance, it is a set convention that the Governor invites only the leader of the majority party in the Assembly to be the Chief Minister since only such a leader is capable of forming a stable Government. In such circumstances, if the Governor reports to the President a breakdown of the constitutional machinery in the State, it is clearly in accordance with his discretionary power. In case he uses both the methods, it is known as the List-Cum-Parade method. This did not alter the promise of providing individual liberty since right to property does not have to be a fundamental right as long as it is a legal right. This question has been dealt extensively in the landmark case of Shamsher Singh v. Baring few exceptions, wherever the Constitution requires the satisfaction of the President and the Governor, it is not their personal satisfaction, but the satisfaction of the Council of Ministers on whose aid and advice, the President or the Governor has to exercise their powers and functions.

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Discretionary Powers of the Governor

discretionary power of governor

But the nomination of Ms. The major criteria are whether the leader carries the majority with him or the coalition partners will have a workable majority. Unfortunately, throwing legality, legitimacy and valid arguments against the claim to the winds, Ms. All the executive powers are exercised by the cabinet in the name of the Governor who acts constitutionally on the advice of the council of Ministers. Likewise the Governor of the Punjab set a new standard by dissolving the State Assembly on the advice of the Chief Minister—Parkash Singh Badal who had lost majority in the State Vidhan Sabha due to defections from his party.

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Discretionary Powers Of The Governor: Detailed Analysis With Case References (important Due To Karnataka Issue)

discretionary power of governor

Such alliances do not, generally, have cohesive force behind them. If the convictions were set aside or the sentences reduced enabling her to contest election, the claim of Ms. Here was a clear-cut misuse of discretionary powers. However, they cannot be removed arbitrarily until Council of Ministers has confidence of the state assembly. Advocate general has no fixed tenure and holds the office during the pleasure of the Governor.

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7 Discretionary Powers of the Governor in India

discretionary power of governor

Ordinance Making Powers As per provisions of article 213, the Governor has special legislative power of promulgating the ordinances during the recess of the State legislature. In Andhra Pradesh on the other hand though constitutional breakdown was proclaimed in the state, yet the Assembly as recommended by the Governor was kept in the state of suspended animation. 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. The official is merely the machinery for the discharge of the functions entrusted to a Minister It is very necessary to mention the relevant Articles in order to determine whether the Governor would have discretion in such matters. Administrative agencies can also decide on appropriation of funds available, efficiently and economically to accomplish its policies. Further, Article 163 2 does not attach finality to the decision of the Governor in such matter.

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Governor: Executive, Legislative, Judicial and Discretionary Powers

discretionary power of governor

The Governor has the right to invoke Article 164 and nominate a Minister who is not a member of either House of the Legislature. Reports laid by Governor in state legislature Governor lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the accounts of the state, before the state legislature. In case the episode like Arunachal Pradesh 2016 repeats, the judiciary will certainly act as the guardian of the Constitution. The governor is a constitutional head of the state. These are the provisions for the discharge of executive powers and functions of the Government in the name of the Governor, with the Governor being a mere Constitutional Head. All the study teams and the commissions urged the inevitability on the formulation of certain guidelines as precedents to follow in the appointment of the Chief Minister.


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Discretionary Powers of the Governor

discretionary power of governor

The Governor acting on the advice of the Chief Minister dissolved the State Assembly on March 27, 1977. Ajoy Mukerjee had lost the majority and was not prepared to prove his majority strength in the Assembly. In the States of Asom, Meghalaya, Tripura and Mizoram the Governor determines the amount payable to an autonomous Tribal District Council. In all the constitutional functions of the Governor it is the ministers who act. He should be a detached figure with little record of participation in thelocal politics of the State. 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. State Election Commissioner Governor appoints the state election commissioner and determines the conditions of service and tenure of the later.

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