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Q.2 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. (15 Marks)

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Mentor’s Comments-

  • Introduce with talking about Governor as head of the state who is provided with discretionary powers to work for efficient state administration.
  • Discuss various discretionary powers given to Governor under
    Constitution like CM appointment in case of hung assembly, advising President’s rule, etc.
  • Discuss various issues related to these discretionary powers in form of partisan politics, misuse of Article 356 etc. Give relevant examples.
  • Conclude with various Supreme Court verdict in governor’s discretionary powers and recommendations of various committees.

Comments

6 responses to “Q.2 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. (15 Marks)”

  1. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Sir, please check my answer.
    Payment ID: CICAgJCkl-y8dw

    1. Staff @CD Avatar
      Staff @CD

      Sumita

      Good attempt. Your knowledge of the topic is good.
      Some changes could be made here and there. For example, in introduction instead of talking about state’s parliamentary form of govt, you can simple mention Article 153 related to the appointment of governor.
      Discretionary powers of the government are covered well.
      In misuse also points are fine. Further, you can talk about recent case in Karnataka where the governor invited the single largest party to form government first instead of post-poll alliance partners. Some recent examples will add value to the answer. Instead of writing ‘biased towards a political ideology’, you can mention ‘acting at the behest of the centre.’
      Recommendations part are also fine. Good that you have mentioned SC judgment and the commissions. Nabam Rebia judgement could also be mentioned.
      Conclusion is fine.
      Keep practicing. 🙂

      7.5/15

  2. Ankita Seal Avatar
    Ankita Seal

    UPI transaction ID: 224993081089

    1. Staff @CD Avatar
      Staff @CD

      Ankita

      Decent attempt. Introduction is good. Try to mention constitutional articles, Article 153 in this case.
      Discretionary powers of governor are also well written. Article 174 can be mentioned.
      In issues, misuse of article 356(president’s rule) should be mentioned as this has been misused a lot. Try to add some recent examples for value addition, for example, recent case in Karnataka where the governor invited the single largest party to form government first instead of post-poll alliance partners; ignoring the advice of CoM in Rajasthan etc
      Last two paragraphs can be made crisp. Try to mention more of SC judgements like SR Bommai case, Nabam Rebia case etc. Puncchi commission can also be mentioned, mention of Sarkaria commission is good. No need to elaborate a lot, just mentioning briefly will also be fine.
      Conclusion is fine.
      Keep practicing. 🙂

  3. Alankrit Srivastava Avatar
    Alankrit Srivastava

    Payment ID : #0000612929
    Staff @CD

    1. Staff @CD Avatar
      Staff @CD

      Alankrit

      Decent attempt.
      Introduction is good.
      Discretionary powers are also well written, in case of president’s rule article 356 can also be mentioned. Dismissal and dissolution of legislative assembly can also be mentioned (when CoM loses confidence of the house).
      Concerns mentioned are also fine, however try to integrate it with some current affairs for value addition for example, recent case in Karnataka where the governor invited the single largest party to form government first instead of post-poll alliance partners; ignoring the advice of CoM in Rajasthan etc. Undermining of federalism can also be mentioned.
      Also try to mention a way forward, there are prominent SC judgements which can be mentioned such as SR Bommai case, Nabam Rebia case etc
      Next, some suggestions of Sarkaria and Puncchi commission can also be mentioned as they dealt elaborately on this issue.
      Conclusion is fine.
      Keep practicing. 🙂

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