Chapter

The Governor's ‘Acutely Controversial’ Role

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195656107.003.0030
The Governor's ‘Acutely Controversial’ Role

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The governor is the ‘linchpin of the constitutional apparatus of the state’, reported the Sarkaria Commission in 1988. His role ‘has emerged as one of the key issues in Union–State relations’. India's experience with ‘governors’ was millenia-old. To keep the governor functioning constitutionally, as defined by the Supreme Court, three approaches were recommended. The first of these approaches had to do with the appointment of the governor, the second with his security of tenure, and the third with prohibiting government-offered inducements that might prejudice the governor's behaviour in favour of the central government. This chapter describes gubernatorial independence, the discretionary authority of the governor, and the reservation of bills.

Keywords: gubernatorial Independence; discretionary authority; bill reservation; India; Sarkaria Commission; Union-State relations

Chapter.  9448 words. 

Subjects: Constitutional and Administrative Law

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