Abstract -A critical appraisal of role of Governer in Union-State relations

--- ABHIJEET SINGH RATHORE

BA0140001 2nd YEAR B.A. LLB. HONS.

REFERENCES:
Primary sources:

Chapter II of Part VI of the India Constitution ranging from article 153 to 162 i.e.

The Executive.
S. R. Bommai v. Union of India 1994 SCC (3) 1
B.P. Singhal v. Union of India (2010) 6 SCC 331
Narayan Dutt v. State of Punjab (2011) 4 SCC 353
Secondary sources:

INDIAN CONSTITUTION M.P. JAIN (7th Edition) Lexis Nexis, New Delhi
THE INSTITUTION OF GOVERNOR UNDER THE CONSTITUTION report by
Members like Justice Shri R.S. Sarkaria, Justice Shri B.P. Jeevan Reddy, Dr. M.G.

Rao, Shri G.V. Ramakrishna, Dr. Raghbir Singh

DISCRETIONARY POWERS AND THE POSITION OF THE GOVERNOR OF A

STATE IN INDIA by Azgar Ali Mohammad

Governor of a State: Functions and Position of the Governor by K.K Ghai

INTRODUCTION:
The appointment of Governor .in states is dealt within Chapter II of Part VI of the
India constitution ranging from article 153 to 162 i.e. The Executive.
Article 153 Governors of States.there shall be a Governor for each State: Provided
that nothing

in this

article shall prevent the

appointment of the same person as

Governor for two or more States. The office of Governor is of vital importance having

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multi-faceted role, Governor is linchpin of constitutional apparatur. In my project I will try

to analyse
1. The areas in which Governor can act his discretion.

In choosing the Chief Minister

In testing majority of the government office

In dissolving the Legislative Assembly

In recommending Presidents rule.

2. How Governor act as a link between centre and state:

The Governor acts as a link between the Union and the state. He acts as the agent of the
President in the state both when he acts as the nominal and constitutional head of the state in
normal times as well as when he acts as the real head of the state during the period of
Presidents rule in the state. It is because of this role that at times, the Governor becomes a
controversial person.
3. Governor is not merely a Golden Zero:
Governor is not a superfluous highness. The constitution makes the Governor of state an
important factor in the state administration. I will understand the nature of the office of
Governor under Article 156 and further supported by other articles i.e. 153-157, Part VI
chapter II. And will examine importance of Governor in state as well as in centre and will
also examine that their is no loopholes in the office of Governor
Variables involved in research:

Where the concept of the Governor has been evolved from?

What role does the President play in the appointment of the Governor?
Whether the discretionary powers of the Governor are being misused by the Centre?
Whether the Governor is an agent of the Union?
What are the recommendations by various commissions on the Office of Governor?

RESEARCH PLAN:

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In this project, the researcher will deal with the appointment and functioning of the institution
of Governor as well as the anomalies and problems surrounding Governor and will answer
each problem and will prove that Governor plays an important role in the State. The
researcher also plans to analysis the Sarkaria Commission which was constituted to examine
and review the working of the existing arrangements between the Union and States in regard
to powers, functions and responsibilities in all spheres and recommend such changes or other
measures as may be appropriate.
The researcher will mostly be relying upon the primary as well as secondary sources and the
research is doctrinal in nature. The uniform method of citation is 19th Bluebook edition.
TENTATIVE CHAPTERIZATION:
Chapter I: Introduction
Chapter 2: Historical evolution of the concept of the Governor in India
Chapter 3: Governor as an agent of Union and President
Chapter 4: Discretionary powers of Governor
Chapter 5: Critical analysis of the recommendation by various commissions on the Office of
Governors.
Chapter 6: Conclusion & Suggestions
Bibliography
Webliography

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