Concerns regarding discretionary power of the Governor (India)

Concerns regarding the discretionary powers of the Governor (Article 152-162) have come to the forefront in recent years. Governors enjoy two kinds of discretionary powers- Constitutional and Situational.

Major Concerns

The biggest concern in recent times has been the issue of application of president rule in States. However, the Supreme Court of India eventually reversed these decisions, for instance, in the case of Arunachal Pradesh.

Similarly, there has been an allegation of interference with the functioning of the popularly elected governments in Delhi and Puducherry with the Lieutenant Governors taking on a much greater role in the administration.

Way Forward

All these concerns required addressing by both the state and the central governments. As per the recommendation of the Sarkari and Punchhi Commission, the President’s rule should be applied only as a last resort measure after giving sufficient warning to the state governments to correct their behavior.

Moreover, the state assemblies should not be dissolved till Parliament has approved the imposition of the president’s rule. This will help amid allegation of abuse of discretionary power by the Governor and help in maintaining the credibility of the governor which is a constitutional position

In the same vein, it is also important that Governor should be allowed to serve the full five-year term and not be dismissed when a new government is formed at the center.

All these measures will help in maintaining the dignity of the Governor and cement his position as the constitutional head of the state.

More: Define Constitution and its Function

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