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CONSTITUTIONAL POSITION OF THE GOVERNOR

The Governor is the states' constitutionally mandated leader. According to the Constitution, whether it is a matter of his discretion or not, the Governor's decision is final, and the validity of anything he does as a matter of his discretion cannot be questioned. The State Governor has constitutional authority in the following situations:

  • Reservation of a Bill for the Consideration of the President;
  • Recommendation for the imposition of the President’s Rule in the State;
  • Exercising his functions as the administrator of an adjoining union territory.
  • In the States of Assam, Meghalaya, Tripura and Mizoram the Governor determines the amount payable to an autonomous Tribal District Council.
  • Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state. In addition to these, a Governor may exercise his discretionary powers to meet political exigencies in the following cases
  • Appointing the Chief Minister when no party has acquired clear cut majority in the State Legislative Assembly and when the Chief Minister dies when in office.
  • Dismissal of the Council of Ministers when they loose the confidence of the State Legislative Assembly.
  • There are some other cases where the Governors of specific States may Consult the Council of Minister headed by the Chief Minister but acts, in his discretion, some of them may be cited as follows:
  • Maharashtra – establishment of separate development boards for Vidarbha and Marathwada.
  • Assam – with respect to the administration of tribal areas.
  • Establishment of separate development boards of Kutch and Saurashtra in Gujarat.
  • Nagaland – observance of land and order so long internal disturbance on the Naga Hills continue etc.

The Governor's discretionary powers elevate him above the level of a mere constitutional head and expand his authority in state administration. These abilities allow him to act more as a Centre agent in State management.

Tags: Law, Juggement, lawyer, Cases