Question Q.13 (continued)GS2GS2

The judiciary has functioned as an institutional corrective, redefining and refining the contours of the Governor's office to prevent its misuse and uphold constitutional principles. Discuss this with the help of relevant case laws.

Main Body

[Judiciary Function as Institutional] (1) Corrective i Defining power of governor to call for state emergency (Art 356) [Tagged the Manipur emergency] → [Uttarakhand HC Quashed down emergency in H 2024] ii Ramakshan Case - SC held that mere suspicion of horse-trading cannot be considered ground for Art 356 or good dismissal. (2) Redefining and Refining the Contours: i Governor's discretion on Bills → SC in [State of Tamil Nadu v/s BN Rau 2011] have defined the timeline for passage of the Bills: - 1 month for governor - 2 months for President-assent - 1 month for re-referred bill. a - other matters like Vice-chancellor appointment are still subjudiced. 3 - Supreme Court in [S.R. Bommai case, 1994] has also ensured limits on powers of Governor.

— SURABHI YADAV · AIR 14

126 words1 paragraphs

Conclusion

But, Overall these features have helped uphold Constitutional Principles: i Governor as only Representative Head ii Democratic Mandate upheld - legislature over executive. Further recommendations of Sarkaria, Punchi and Rajmohm Commission have helped strengthen the office of governor.

38 words

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Topper

SURABHI YADAV

AIR 142025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Judicial role in institutional correction and Governor's powers

Writing Stats

164

Total words

Paragraphs

analytical

Tone

Linked PYQ

Explain clearly what is thermally developed zone" in case laminar flow through a tube both for (i) constant all temperature case (ii) constant heat flux case.

2017Explain