“The role of the Governor is not to obstruct but to uphold the constitutional functioning of the State.” Comment

Category: Polity (GS -II),

Test Date: 14 Apr 2025

Approach

Introduction: Briefly introduce the constitutional position of the Governor as the nominal head of a State under Article 153.
Mention the recent debates around the misuse of discretion and the Supreme Court’s clarification in the State of Tamil Nadu vs Governor case.
Constitutional Role and Responsibilities of Governor
- Bound by aid and advice of Council of Ministers (Article 163).
- Responsible for smooth legislative functioning (Article 200).
- Role as a constitutional link between Centre and State – not an agent of the Union.
Issues and Misuse of Power
- Withholding of assent or referring Bills indefinitely without reasons.
- Politicisation of the office leading to obstruction of State government functioning.
- Violations of cooperative federalism and democratic mandates.
Supreme Court’s Interpretation
- Court reaffirmed limited discretion under Article 200.
- Deemed assent under Article 142 as a remedy against prolonged inaction.
- Reinforcement of federal principles and representative democracy.
Conclude accordingly with way forward

Mains Answer Writing