The judiciary has functioned as an institutional corrective, redefining and refining the contours of the Governor's office to prevent its misuse and uphold constitutional principles. Discuss in the light of relevant case laws.
Introduction
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Main Body
The Governor, instituted by Article 153, has seen certified for his role invading domains, such as dissolution of Assembly (Act 163) and hoarding of Bills (Act 200).
Judicial Role in Redefining Governor's Office:
① Effective timelines for reservation of Bills: 1 month to next for withhold, 3 months to resume for President
State of Tamil Nadu (TN) Governor of Tamil Nadu 2025
② Effective facility in governor's role during formation and dissolution of assembly
Nabam Rebia Case → (Act 163) - Governor has no discretion.
③ Effective usage of (Act 252) - Recommendship Preamble's rule → ISR Bommai Case
④ Boundary list of criteria for implementing presidential rule.
Highlighted abstraction of Part (E Surya Narain Case) → Governor having no scrutiny of tenure
⑤ Recommended procedural adjustments and transfers → (BP Singhal Case)
③ Effective usage of (Act 252) - Recommendship Preamble's rule → ISR Bommai Case
⑥ Boundary list of criteria for implementing presidential rule.
Significance of judicial intervention:
① Upholds federalism → Governing deliberate stalling state government.
② Evolution and plugging of constitutional holes → Clarity in ambiguous provisions, like Smelling in Tamil Nadu (Act 163)
③ Pooling on Judicial populism
④ Judiciary unlearned about administrative procedures
Governi, as BP Ombeshan said - the Governor has no discretion in a popular government. Judiciary has fixed the fulcrum of the Statesman.
— Prachet D · AIR 193
Conclusion
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Open original scan
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Prachet D
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Judicial role in limiting Governor's power
244
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