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03/03/2022 - Polity

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March 03, 2022

The discretionary space available to the governor is influencing the parliamentary form of government at the state level in various ways. Discuss (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

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IAS Parliament 2 years

KEY POINTS

·        A Constitution Bench of the Supreme Court laid down in 1974 that the President and Governor shall “exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations also illustratively listed.

·        While as the ‘lynchpin’ of the constitutional apparatus, Governors indeed have a duty to defend the Constitution and encourage or caution the elected regime.

·        At a time when regional political forces are actively seeking to be heard by the Centre, it may be time that the provisions relating to the Governor’s role are amended.

·        Identifying areas of discretion, fixing a time-frame for them to act, and making it explicit that they are obliged to go by Cabinet advice on dealing with Bills can be considered.

·        Regarding Bills, it is clear that the Constituent Assembly passed the provision for Governors to return Bills for reconsideration only on the express assurance that they have no discretion at all.

·        In addition, as suggested by the M.M. Punchhi Commission, ending the practice of burdening Governors with the office of Chancellor in universities should also be considered.

 

Manish 2 years

Please review for 15 marker , 250 words

IAS Parliament 2 years

Good attempt. Keep Writing.

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