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The function of governors is once again in the news due to their actions in multiple states. Recently, the Supreme Court had to hear a case in which the Governor of Punjab failed to convene the assembly despite a recommendation from the cabinet. In addition, the Governor of Tamil Nadu, R N Ravi, has returned a bill prohibiting online wagering for reconsideration. These occurrences call into question the function of the Governor according to the Indian Constitution. The Constituent Assembly had in-depth discussions about the Governor’s position but ultimately decided to convert it to a direct appointment by the President.
Many members believed an impartial person should be nominated for the position rather than a candidate elected on a party ticket. The most crucial aspects of this text are the Governor’s relationship with the prime minister and the extent of his or her discretion in making decisions. The Constitution grants the Governor unrestricted discretion over specific actions, such as exercising special powers in certain Northeastern states. However, there are additional areas in which the Governor must exercise discretion. For instance, following an election, the Governor must determine who will be invited to form the government and dissolve the legislature if no candidate has demonstrated majority support. Ambedkar clarified that the Governor has no responsibilities he can carry out independently.
The Governor has the authority to act when the nation’s unity is threatened, and the frequency with which the President’s rule has been imposed over the past seventy years reveals the nature of the relationship between the centre and the states. Since 1994, when the Bommai judgment restricted the use of this power, the number has decreased to 1.5. However, tensions have risen again, with governors delaying legislation and taking other actions contrary to the state cabinet’s decisions. Six high-level committees and commissions examined the issue and recommended mandating tenure and term limits to guarantee independence. However, most of these suggestions have been disregarded, causing tensions between the Governor and the state government.