Is Gubernatorial Discretion An Unruly Horse In Governance?: Deriving The Real Intent Behind Discretionary Powers Of The Governor Under Article 163 Of The Constitution
Nishant Anshul, University School of Law and Legal Studies, GGSIPU, Delhi
ABSTRACT
Examples of governors impeding State Governments from free conduct of affairs have become regrettably often. The Governor has a recurring role in a State’s governance mechanism but he does not have a pervasive presence in all of its matters. The Constitution through Article 163 gives mandate to the Governor for use of “discretion”. But does it mean that this power has to be used to stop the State’s legitimate authority and run a parallel administration? The year 2020 unlocked a refurbished debate on the role of governor in the aftermath of the Madhya Pradesh and Rajasthan political tussle. Further, in 2021 as well the routine instance of West Bengal Chief Minister and His Excellency locking horns were worrying. This paper will analyze the exercise of discretionary powers under Article 163 and present the correct rules of exercise of such power as is intended by law.
This research paper shall attempt to present a study by navigating and tracing the history and path of the discretionary powers of the Governor of a state under Article 163 (“u/A”) of the Constitution. The paper would, via the doctrinal method of research, give attention to three kinds of sources viz. Constituent Assembly Debates, Judicial Interpretations and Miscellaneous Sources to bring out the real intent and meaning behind the discretionary powers of the Governor u/A 163. The paper is divided into four parts with each part pooling some share of effort to achieve the objective of the paper. However, the scope of this research paper would not be beyond the said provision.
Keywords: Governor, Constitution, Discretion, State, Constituent Assembly, Exercise.
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