Discretionary powers of the governor under the constitution of India

Abstract

In India there is a Parliamentary form of Government. The Indian Constitution possesses all the essential characteristics of a Federal Constitution. The Constitution establishes a system of double Government in India with government in the Centre and the government in the State. There is also division of powers between the Central Government and the State Governments and every government is supreme in its own sphere. Governor is the executive head of the State. Article 153 of the Constitution of India creates the Office of the Governor. One person can be appointed as Governor for two or more States. Article 155 says “The Governor of a State shall be appointed by the President by warrant under his hand and seal”. Governor is the Constitutional head of the State. The President appoints the Governor of a State. The Governor of a state plays a multifaceted role and acts as a vital link between the Central and the State Government. He exercises many powers. Among his multifarious functions, one of the most important functions that the Governor has to exercise is the appointment of the Chief Minister and his Council of Ministers. It is the Governor who dismisses the Chief Minister and brings an end to the life of the State Council of Ministers. Temporary law making power by the executive has been vested in the Governor. The founding fathers of our Constitution had deliberately conferred certain special and extra ordinary powers on the Governor. Vesting the Governor with discretionary powers was justified even in the Constituent Assembly on the ground that the Provincial Governments are required to work in subordination to Central Government. The Governor will reserve certain things in order to give the President opportunity to see that the rules, under which the Provincial Governments are supposed to act according to the Constitution or in subordination to Central Government, are observed. Governor is the executive head of the state and the discretionary powers conferred in governor under Art 163 make him strong. Art 163(1) & (2) lead to following preposition: - Governor is required to discharge certain functions in his discretion “by and under” the constitution, this envisages that the discretionary power need not be express but may be necessarily implied. In the discharge of this function he is not required to seek the aid or advice of his council of ministers. Whether the function fall within its purview is to be decided by the governor in his discretion. The validity of any thing done by governor is not to be challenged on the ground that” he ought or ought not have acted in his discretion.” The given preposition has assigned wider power to governor to act in his discretion in relation to various important matters such as, under Art. 164(1), Art. 200, Art. 356 etc.