Sambhav-2025

Approach In the introduction, briefly define the Governor’s discretionary powers as per the Indian Constitution. Discuss the extent of discretionary powers and limitations on discretionary powers. Cite examples of controversies surrounding these powers. Conclusion suitably.

Introduction

The Governor is the constitutional head of a state under Article 153 of the Indian Constitution and acts on the aid and advice of the Council of Ministers (Article 163). However, the Constitution provides the Governor with certain discretionary powers, which have often led to political controversies. The debate arises from the conflict between the Governor’s discretionary role and the democratic mandate of an elected government.

Body

Extent of the Governor’s Discretionary Powers:

The Governor’s discretionary powers are outlined in Article 163(1), stating that the Governor may act at their discretion in cases where the Constitution specifically provides such power. The key areas include:

• Appointment of the Chief Minister (Article 164):
  • When no party secures a clear majority, the Governor decides who should be invited to form the government.
  • Example: Maharashtra (2019) – Governor’s decision to invite a party to form the government at odd hours led to judicial intervention.
• Dissolution of the Legislative Assembly (Article 174, 356):
  • If the government loses the majority or there is a hung assembly, the Governor can recommend the dissolution of the Assembly.
  • Example: Jharkhand (2022) – Governor delayed deciding on CM Hemant Soren’s disqualification, leading to uncertainty.
• Recommendation of President’s Rule (Article 356):
  • If the Governor reports a constitutional breakdown, the President can impose President’s Rule in the state.
  • Example: Karnataka (1989), Bihar (2005), Uttarakhand (2016) – Judicial review limited its misuse.
• Reserving a Bill for the President’s Consideration (Article 200 & 201):
  • The Governor can withhold assent or refer a state bill to the President if it contradicts Union laws or the Constitution.
  • Example: West Bengal’s Citizenship-Related Bill – Sent for Presidential consideration.
• Discretion in Summoning the Assembly (Article 174):
  • The Governor can decide whether to summon or delay the Assembly session.
  • Example: Rajasthan (2020) – Governor delayed calling the Assembly amid political turmoil.
• Determining the Qualification of Legislators (Article 192):
  • If there is a dispute regarding the disqualification of an MLA, the Governor refers it to the Election Commission and acts on its advice.

Limitations on the Governor’s Discretionary Powers:

• Bound by the Aid and Advice of the Council of Ministers (Article 163(2)):
  • The Governor is not an independent authority and must act per the advice of the state government, except in matters of discretion.
  • SC Verdict: Shamsher Singh v. State of Punjab (1974) – The Governor is bound by the advice of ministers in all matters where discretion is not explicitly mentioned.
• Judicial Review of Discretionary Powers:
  • SC Verdict: S.R. Bommai v. Union of India (1994) – The Governor’s recommendation for President’s Rule is subject to judicial review.
  • Nabam Rebia v. Deputy Speaker (2016) – Governor cannot interfere in legislative matters arbitrarily.
• Recommendations of Commissions:
  • Sarkaria Commission (1983): Suggested that the Governor should act impartially and not be influenced by political considerations.
  • Punchhi Commission (2010): Recommended specific guidelines for appointing the Governor to prevent misuse of power.
• Legislative Oversight:
  • The Governor’s actions can be questioned in the Legislature, and in a democracy, the Council of Ministers is accountable to the Legislative Assembly.

Some Examples of Political Controversies:

• Misuse of Discretionary Powers in Government Formation:
  • Maharashtra (2019), Karnataka (2018) – Governors invited certain parties despite unclear majorities, raising allegations of bias.
  • In 2016, Arunachal Pradesh and Uttarakhand, the Governors' recommendation for President’s Rule (Article 356) was overturned by the Supreme Court, reaffirming judicial review of Governor's discretion.
• Delays in Assent to Bills:
  • Kerala (2023), Tamil Nadu (2022) – Governors withheld assent to state bills, leading to a strain in Centre-State relations.
• Governor’s Role in President’s Rule:
  • The arbitrary use of Article 356 led to multiple instances of Supreme Court intervention, ensuring constitutional safeguards.

Conclusion

The Governor’s discretionary powers must align with constitutional limits to uphold federalism and democracy. The Supreme Court and commissions stress minimizing interference in elected governments. The Sarkaria and Punchhi Commissions recommend a transparent appointment process, fixed decision timelines, and accountability measures to prevent misuse and ensure the Governor remains a neutral constitutional authority.