Governor’s discretionary powers and the centre: A study in context of president’s rule in Indian states
By: Roy, Lakshmeshwar Prasad
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 16(1), Jan-Jun, 2019: p.41-48.Subject(s): Governor, Discretionary powers, President’s rule, Constituent assembly, Judiciary
In:
Bihar Journal of Public AdministrationSummary: The political conditions and fissiparous tendencies of Indian states at the time of independence compelled the founding fathers to make a unique federal structure tilted towards the strong Centre. Among the provisions for making the Centre strong, conferring discretionary powers on Governor, particularly the provisions related to promulgation of President’s rule under Article 356 is important. But with the passage of time, particularly after 1967, the trends reveal that this constitutional provision has been abysmally abused as a political weapon by the Central Government. As such the present paper intends to underline its trends over the decades. It finds that by the use of this provision, Centre has become the hinge of the Governor’s discretionary powers. The factors responsible for making the office of Governor vulnerable to Centre’s will are appointment procedure, removable tenure of the office and party affiliations. Further, the trend of use of Governor’s discretionary powers for partisan political gains has become a salient feature, irrespective of whichever party or the group of parties are in power. – Reproduced
http://www.iipabiharbranch.org/upload/Complete%20BJPA%20Vol%20XVI%20No.%201%20-%202019.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 16(1), Jan-Jun, 2019: p.41-48 | Available | AR133661 |
The political conditions and fissiparous tendencies of Indian states at the time of independence compelled the founding fathers to make a unique federal structure tilted towards the strong Centre. Among the provisions for making the Centre strong, conferring discretionary powers on Governor, particularly the provisions related to promulgation of President’s rule under Article 356 is important. But with the passage of time, particularly after 1967, the trends reveal that this constitutional provision has been abysmally abused as a political weapon by the Central Government. As such the present paper intends to underline its trends over the decades. It finds that by the use of this provision, Centre has become the hinge of the Governor’s discretionary powers. The factors responsible for making the office of Governor vulnerable to Centre’s will are appointment procedure, removable tenure of the office and party affiliations. Further, the trend of use of Governor’s discretionary powers for partisan political gains has become a salient feature, irrespective of whichever party or the group of parties are in power. – Reproduced
http://www.iipabiharbranch.org/upload/Complete%20BJPA%20Vol%20XVI%20No.%201%20-%202019.pdf
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