ILS LAW COLLEGE, PUNE
POST-GRADUATE DEPARTEMENT
LL.M. 2022-2024
TITLE: OFFICE OF THE GOVERNOR IN THE INDIAN QUASI FEDERAL
DEMOCRACY
NAME: ALISHA SHASHIKANT KARPE
ROLL NO: 708
SUBJECT: CONSTITUTION
SEMESTER: I - FIRST YEAR
SUBMITTED TO: Mr. Pratik
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I. INTRODUCTION
As Constitutional head of state the Governor enjoys greater powers, vis-à-vis, the state
government then the President does, vis-à-vis, the council of ministers at the centre. Thus, the
position of the Governor is exactly the same as the position of President as was declared by Dr.
Amebedkar in the Constitutent Assembly. Under Constitution the Governor is appointed by the
President and holds office ‘during the pleasure of the President’.i
II. RESEARCH QUESTIONS
A) Whether office of the governor is still a requirement.
B) Whether governor as a nominal head of the state act in aid and advise of the cabinet as
prescribed by the constitution.
C) Whether an independent office of the governor is responsible to maintain smooth centre-
state relations.
III.SIGNIFICANCE OF THE STUDY
IV. LITERATURE REVIEW
A) Books/Journals
President’s rule in Indiaii, Article 356 of the Indian Constitution of India providing for the
imposition of President’s rule in the states has, over the years, become an integral part of the
political and administrative processes of the country, perhaps even its psyche. Yet no
comprehensive study of this remarkable political phenomenon has so far been made,
although scattered comments and references are, by no means, entirely absent or unavailable.
In this book the writer seeks to fill this gap. Chapter six
In Constitutional Miscellanyiii, V.R. Krishna Iyer J. gives constitutional philosophy for the
post of governor along with his powers and functions. This book acted as mini commentary
on the constitutional framework of the governor’s post, it is a constitutional-political critique
which gives insights which prescribe the need of clear conventions and bold judicial
statesmanship. He has encouraged re-examination of the provisions of the Constitution
relating to governor’s reign and the president’s rule.
In this book The Constitution of India select issues and perceptions, iv chapter 27 which is
concerned with the follow-up of the Sarkaria Commission Recommendations which
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discusses suggestions in certain structural changes in the functional and operational aspects
of centre-state arrangements.
Federal system, centre-state relstions and state autonomy, v is a critical study of the federal
system, centre-state relations and state autonomy, which contains various essays on the basic
concept of federalism that India adopted. Chapter27 of the book named Role of Governor
under Indian Constitution – A crisis of credibility written by Anil Kumar Vajpayee directly
deals with issues this paper is dealing with. It describes the role of governor with arguments
and counter-arguments in the administrative tasks and also has given instances where the
governor has used his post to fulfil political agendas of the ruling party.
The Constitution of India – a politico-legal study, vi is a comprehensive reading material on
various constitutional issues through perspective of a constitutional expert. Chapter 10 State
Governments: Executive, the author discusses how the federal system of governance works,
he also further gives his critical reflections on the role, power and functions of the office of
Governor. He theoretical explains in detail all the provisions that empowers a governor to
take executive actions.
In the critical problems of the Indian constitution – Chimanlal Setalvad Lectures (Nov.
1996),vii this book critically examines issues related to the judiciary, the legislative and the
executive in India. It is a guide to begin to understand the whole structure of governance
adopted by the federal system in the Constitution with discussions on various problems
involved. All the chapters are important to understand the executive, legislative and judicial
functioning under the Indian Constitution and also to have an idea about the idea of
federalism proposed in the Indian Constitution.
B) News articles (Digital/Print)
C) Precedents
V. OBJECTIVES OF THE STUDY
A) To understand the Constitutional post of the Governor.
B) To understand the powers and functions of the office of the Governor.
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C) To understand the requirement and relevancy for the continuation of the post of the
Governor in this quasi-federal democracy.
D) To understand why the office of the Governor is surrounded by controversies which have
often been the reason for a political tussle between the centre and the state.
We trace the rationale of the Constituent Assembly Debates regarding the modified
continuation of the post of the Governor, so as to examine what this position was
envisaged to entail.
Study recent conflicts between Governors and chief ministers of state and how it affects
federalism in modern India.
We revisit the controversies surrounding the exercise of ‘gubernatorial discretion’, and
analyse the Supreme Court's decisions emphasising the limits to the same, as well as the
recommendations of the Sarkaria and Punchhi Commissions on Centre-State relations.
Further, Our analysis culminates in a discussion regarding the ultimate utility of retaining
this position in the future in light of the recent political developments. We seek to
espouse a fresh perspective towards understanding the continued relevance and
significance of this office, and aim to provide holistic suggestions for maintaining its
political mandate.
VI. SCOPE OF THE RESEARCH
This research is conducted to study one of the most controversial constitutional posts in the states
which is the office of the Governorviii. According to the Constitution of India, 1950, each state
shall have a Governor appointed by the President, who will be affirmed by the Chief Justice of
the High Court exercising jurisdiction in such state. This paper will study the position, power and
functions of the Governor. Furthermore, it will analyse whether the Governor in the
contemporary times has done justice to the position guaranteed by the Constitution. It is
important to understand such constitutional issues so that there is smooth governance, where
political controversies and tug of war do not end up in crisis in the states.
VII. LIMITATION OF THE RESEARCH
VIII. RESEARCH METHODOLOGY
This study is conducted through doctrinal legal research methodology, also called "black letter"
methodology, which focuses on the letter of the law rather than the law in action. Using this
method, a researcher composes a descriptive and detailed analysis of legal rules found in primary
sources (cases, statutes, or regulations) and secondary sources like articles, books, policy
documents. It is a theoretical study on evidence-based information, read thoroughly for a better
understanding of the area of this research.
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IX. CHAPTERS
1.1 Background
A. Pre-Independence:
B. Post-Independence:
C. Constitutional provisions:
1.2 Role, Function, and Power of the Governor
1.3 Independence of the Office of the Governor
1.4 Present day controversies
1.5 Conclusion
X. BIBLIOGRAPHY
A) PRIMARY RESOURCES
B) SECONDARY RESOURCES
C) WEB RESOURCES
i
Art. 156(1) Constitution of India.
ii
(Maheshwari, 1997).
iii
V.R. Krishna Iyer, Constitutional Miscellany, second edn 2003 EBC.
iv
Subhash C. Jain, The Constitution of India select issues and perceptions, 2000 Taxmann.
v
Edited by verinder grover, deep & deep publications, 1997.
vi
JC Johari, Sterling publishers pvt. Ltd. 1995
vii
By Hon’ble Justice P.B. Mukharji, University of Bombay, 1967 p 29
viii
Article 153, Chapter II, Part VI The Executive, The Constitution of India.
