EVERGREEN ISSUES RELATED TO CONSTITUTION By: Akash Agrawal
CENTRE STATE RELATIONS MECHANISMS OF COOPERATION ROLE OF GOVERNOR The governor has a great role in promoting cooperative federalism as he acts as a vital link between the centre and the state government. Various role of governor as a binding agent are as follows . Reservation of bill passed by the state legislature may be reserved for the consideration of the President by governor under Article 200 Under Article 356, the governor gives report of the working of constitutional machinery of the state. It ensures that states actions are in confirmation with the central law and directions. . Governor is charged with the duty to preserve, protect and defend the Constitution and the laws. Thus he has a duty and obligation to promote political stability and upheld ideals of Indian democracy
Under Article 163, he exercises his functions with the aid & advice of chief minister and his council of minister except where he is required to function in his discretion. Thus working in coordination with the state government . He can seek information from chief minister regarding any legislative or administrative matter in the states. Thus, he can inform central government regarding the existing situation in the state. At the same time, role of governor is one of the major points of tussle between center and state. The major sticking points are discretionary powers with respect to the following issues:
PRESIDENT'S RULE Article 356 has been abused by central governments for more than 120 times till date. In such times, the state comes under the direct control of the central government. The President dissolves the state assembly and orders the centrally appointed Governor to execute the operations of the state. The problem arises because the breakdown of constitutional machinery is not defined in constitution and this is misused by political parties to its advantage as was seen in the case of Arunachal Pradesh and Uttarakhand last year
Supreme Case judgments related to Art. 356 S R Boma. vs Union of lndia 9 . Art. 356 should be used "very sparingly", & not for political gains. Government's strength should be tested on the floor of the house and not as per whims of the Governor. . Court cannot question the advice tendered by Council of ministers but it can scrutinize the ground for that advice of imposition of President's rule and may take corrective steps if malafide intention is found Use of Art 356 is justified only when there is breakdown of constitutional machinery & not administrative Buta Singh case . The governor's report could not be taken at face value and must be verified by the council of ministers before being used as the basis for imposing President's rule.
. It was alleged that in 2005, Governor of Bihar, Buta Singh had recommended dissolution of the Assembly on the basis of his subjective satisfaction that some parties were trying to . The Supreme Court ruled that if a political party with the support of other parties or MLAs staked claim to form a government and satisfied the Governor about its majority, he cannot override claim because of his subjective assessment that majority was formed through tainted means.
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