Did You Know Governor Of The States Enjoy More Discretion Than The President Of India

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Did You Know Governor Of The States Enjoy More Discretion Than The President Of India
Did You Know Governor Of The States Enjoy More Discretion Than The President Of India

THE FEDERAL structure of Indian democracy ensures that States, like the Centre, has a parliamentary form of government headed by the Governor. The post of Governor is thus a vital link between the Centre and the States. Much to our disappointment though, the Constitution is practically silent on the procedure for appointment and removal of Governors.

The Governor is to be appointed by the President (Article 155) and will hold office as long as he enjoys the confidence of the President (Article 156), is all that the Constitution states. This, in essence, means that the Central government is given full powers as far as appointment and removal are concerned; however, over the years a convention has developed whereby the Central government consults the Chief Minister concerned before appointing the Governor.

It must be kept in mind that Governor is not an agent of the Central government through the recent decision of the UPA government to dismiss four Governors forces one to believe the same.

The governor and CM of delhi
The governor and CM of Delhi

Governor:

  1. May declare his assent to any Bill passed by the State Legislature.
  2. May withhold his assent.
  3. May return any Bill (other than a Money Bill) for reconsideration by the Legislature. If the Bill is again passed by the House or Houses and is presented to the Governor for assent he is obliged to give his assent. He cannot withhold assent to a Bill passed again by the two Houses (Art. 200).
  4. May neither declare nor withhold assent and may not return it but may reserve it for the consideration of the President. In case the Bill prejudicially affects the powers of the High Court as conferred by the Constitution he is obliged to reserve the Bill for the consideration of the President. In all other cases, he has to exercise his discretion and reserve to exercise his discretion and reserve the Bill if he deems it fit to do so.
  5. When a Bill has been reserved for the consideration of the President the power to declare assent or with-hold it rests with the President alone. The governor denudes himself of the power to assent by reserving a Bill. If the Bill is passed again it must be presented again to the President for assent. The President may or may not accord assent.

    kiran-bedi governor of Puducherry
    kiran-Bedi governor of Puducherry

The President:

  1. May declare, his assent to any Bill passed by the Houses of Parliament.
  2. May withhold his assent.
  3. May return any Bill (other than a Money Bill) for reconsideration by the Parliament. If the Bill is again passed by the Houses and is presented to the President for assent he is obliged to give his assent. He cannot withhold assent to a Bill passed again by the two houses (Art. 111)
  4. May withhold his assent.
  5. May return any Bill (other than a Money Bill) for reconsideration by the Parliament. If the Bill is again passed by the Houses and is presented to the President for assent he is obliged to give his assent. He cannot withhold assent to a Bill passed again by the two houses (Art. 111)

 

 

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