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Gaurav OjhaAIR 204· 2025

Question Q.15DiscussGS2GS2

Against the intentions of the constitution makers, the use of discretionary powers by governors has become a major source of tension in Centre-state relations. What are the discretionary powers of the Governor? Also, discuss the issues associated with them.

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Introduction

The recent tussle over cancellation of NEET Bill in Tamil Nadu has highlighted Centre-State tensions via the role of Governors, & the exercise of his discretionary powers, which include:

29 words

Main Body

1. Reservation of Bills for assent of President

2. Appointment of vice-chancellors of University (only some states give this power).

3. Recommending President's Rule in a State, if he believes there is a breakdown of constitutional machinery.

4. Choosing a chief minister in case of a hung assembly.

However, the misuse/over-use of discretion has led to several issues:

1. Recent tussle between Kerala governor and government over appointment of vice-chancellor of university.

2. Governor's reservation of Bills for President assent which fall within legislative competence of State.

3. Acting in a partisan manner while selecting chief minister in case of a hung assembly. Eg. as seen in Recent Karnataka election.

4. Recommending President Rule without exhausting all possibilities of forming a government. Eg. recently seen in Maharashtra, where President Rule was imposed overnight.

5. Other powers misuse by Governor, Eg. West Bengal Governor refusing to summon first session of assembly.

6. Governor's direct interaction with bureaucracy as seen in a few states.

— Gaurav Ojha · AIR 204

162 words7 paragraphs

Conclusion

The Constitution envisages discretion for Governor, but not with the intention of overtaking the elected representative's every decision. The Centre should follow Sarkaria Commission guidelines in appointing a non-partisan, politically inactive Governor.

32 words

Examiner score
1.65/10

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Topper

Gaurav Ojha

AIR 2042025

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federal Structure Challenges

Discretionary powers of Governor

Writing Stats

223

Total words

7

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine