In context of using discretionary powers, the scope for the governor is higher than that of the President of India. Comment.
Article 153 of the constitution establishes governor. The Governor in supposed to act as a link between the Union and the State (federalism).
Under Indian constitutional scheme, the governor has more discretionary power than those of the president.
Common discretionary powers:
- Applying wisdom to choose a stable government, when the results show hung assembly.
- Absolute Veto, suspensive Veto, pocket Veto of bills from becoming acts.
- Appointment powers of the president and the governor at the Union and the State levels respectively.
- Pardoning powers, under article 71 for the president and under article 162 for the Governor.
Wider powers of governor:
- Under article 356, governor can submit report recommending president rule, if he feels that constitutional breakdown of machinery has occurred within the State.
- Wider powers with respect to schedule 5 and schedule 6.
- Governor can send a bill for the assent of president.
Thus, given these wide powers, Sarkaria Commission recommends that a power outside from state, not politically involved, should be appointed by consulting concerned Chief Ministry.
|View All E-Books: Recent Release|