Public Administration Mains 2018 : Model Question and Answer - 95
(Public Administration Paper II / Chapter: State Government and Administration)
(Current Based) Question: There is need to draw the line for Governor to avert the subversion of Democracy. Comment. (15 Marks/200 Words)
Governors sometimes have come out with flying colours as they unabashedly have to protect the interests of the party that appointed them. That is why the recommendations of the Sarkaria Commission, and later the Punchhi Commission, had clear guidelines for Governors to act when inviting leaders to be sworn in after the electoral verdict is out.
A challenge in courts takes time while the constitutional indiscretions of Governors play havoc with democracy. Many court verdicts, including the decision of the Supreme Court in S.R. Bommai v. Union of India (1994), have lamented the illegal dismissal of State governments on the manipulated recommendations of Governors at the bidding of the Union government
Recent events in Karnataka and earlier government installations in Goa, Manipur and Meghalaya are shining examples of political venality initiated by Governors’ actions.
Earlier too, the Supreme Court castigated the Arunachal Pradesh Governor’s unconstitutional conduct.
In Uttarakhand, the Governor’s recommendation for imposition of President’s Rule was quashed by the High Court.
(a) Radical amendment in the law is one way out, especially by amending the 10th Schedule qua the office of the Speaker and the fate of those who defect.
(b) Amendments to the Constitution to circumscribe the Governor’s powers in areas of abuse of discretion.
(c) Need political consensus to combat subversion of democracy. (Total Words- 218)
Valuable inputs from The Hindu Coulmn: ‘Draw the Line for Speakers and Governors' by Kapil Sibal
(Linkages: Governor and Discretionary Powers, Governor and Illegal Dismissal of State Government, Governor and Amendment Areas of Abuse of Discretion)