Executive for Mains

Governor : Challenges to Federal Structure – UPSC GS2

Why Governor Office is seen as against Federal Structure? Misuse of discretionary powers by Governor in Choosing a Chief Minister Determining the timing for proving legislative majority Dismissing a Chief Minister Dissolving the legislature Recommending President’s Rule Taking apparently a long time in giving assent to bills or reserving bills for the President Governor’s interference …

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Governor : Misuse of power during summoning assembly – UPSC GS2

Context: The West Bengal Governor returned the recommendation of the Chief Minister to summon the Assembly. What is the Summoning of Assembly? Summoning is the process of calling all members of the State Assembly to meet. The power to summon each house of the State Assembly from time to time is given to the Governor of …

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Governor’s role in approving a Bill – UPSC GS2

Context: The Tamil Nadu Assembly has once again adopted a Bill, granting exemption from the mandatory National Entrance-cum-Eligibility Test (NEET) for seats allotted by the Government in undergraduate medical and dental courses in Tamil Nadu. Notably, this bill was earlier returned by the Governor. Related Constitutional Provisions: Article 200: Article 200 deals with the Governor’s function in passing a …

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Governor : Discretionary powers – UPSC GS2

Discretionary Powers: Article 161 of the Constitution provides the Governor with the power to “remit or commute the sentence of any prisoner”. However, the Governor’s decision will be subject to judicial review by the constitutional courts. Currently, the immediate question is whether there is an independent, discretionary power vested with the Governor with regard to …

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Article 356 : Misuse – UPSC GS2

Article 356 of the Constitution: Borrowed from the Government of India Act, 1935 (like Pakistan): ironically the original Act itself was opposed by the leaders of the freedom struggle and forced the British government to suspend it. Constituent assembly was divided over the use of emergency powers by the Governor. Parliamentary approval of the president’s rule was provided …

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Governor

Governor is the most debated and abused post of Indian constitution mainly because on one hand he act as head of state on the other as an agent of centre at state level so  there is a continuous demand to reform it. In past, centre has used it to bring President rule (A-356) and abolish …

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Executive Overreach

Examples: Notification of Information Technologies (Intermediaries Guidelines) Rules 2011 which inter alia expanded the scope of offences under the IPC in the context of internet by criminalizing activities such as blasphemy. Patent office guidelines for examination of computer related inventions that completely changes the interpretation of Patents Act, 1970 and the legislative intent behind certain …

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