UPSC Mains Answer Writing
GS - 2: Polity
"Governor's discretionary power though being a necessary evil has detrimental implications on the federal structure of India." Comment.
Approach
- Brief intro about the Governor and its discretionary powers
- A list of constitutional and other situational discretionary powers
- Why discretionary power is a necessary evil
- How it is detrimental to the federal structure of India
- Conclusion
Article 153 provided for the office of Governor in states. He is the administrative head of the state and is appointed by the President of India and holds office during the pleasure of the President. He acts as the agent/bridge between centre and the state.
Unlike the President, constitution of India explicitly mentioned about the discretionary power of the Governor though it also possesses some conditional/situational discretionary power.
Discretionary powers of the Governor - The Governor has discretionary powers in the following matters -
- Reservation of bills passed by state legislature for consideration of the President.
- Recommendation for the imposition of President's rule in the state.
- Seeking information from the Chief Minister.
- Appointing Chief Minister when no party has a clear cut majority.
Detrimental implications of the discretionary powers of the Government -
- Since, the Governor is appointed by the President (centre) and holds office during the pleasure of the President, centre is in the position to influence the Governor and by controlling the Governor, centre can easily influence the state.
- Due to the reservation clause of the bill by the Governor, centre got an edge over the state in law making and can influence it easily. Also, centre can use the post of Governor to punish the state by the application of President's rule under Article 356. This had been done so many times where the centre imposed President's rule in the states where opposition is ruling.
- Thus, it being the biggest threat to the federal structure of India. It will disturb the normal functioning of the state and put a question mark on the autonomy of the state.
Discretionary powers as the necessary evil - Although the discretionary powers of the Governor gave centre an edge over the states and thus weakens federalism, yet it is very much necessary for the following reasons -
- States have to work in accordance with the central government.
- To have a check over the state administration and prohibits states from becoming anarchist.
- It will ensure the unity and integrity of the country.
- It will promote co-operative federalism.
Though centre can misuse the post of Governor against the state, the post of Governor has very much importance for the smooth functioning of administration. It acts as a check post for state government and prevent states from taking hasty decisions.
Also, a Governor with a sound understanding of constitutional principles who uphold the same with diligence and moral integrity can help in establishing a better relationship with states and thus strengthens federalism (co-operative federalism). Therefore, in actualising the dreams of the founding fathers of our Constitution, we need a governor who upholds constitutional values in the right spirit of constitutional trust and morality.
Notes to boost your Preparation
Optional Notes
Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own.
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