The ‘impartiality’ of a nominated Governor, Pg6

Key Highlights:

• The Supreme Court's judgment on the role of Governors and its advisory on the Presidential reference have ignited discussions about the Constitution's interpretation.
• Dr. B.R. Ambedkar clarified the role of Governors in the Constituent Assembly debates, emphasizing their limited discretionary powers.
• Concerns were raised in the Assembly about the potential for Governors to act as agents of the Central government.
• Ambedkar asserted that Governors are meant to facilitate the parliamentary system, not to compete with the elected ministry.

Detailed Insights:

• The framers of the Constitution envisioned Governors as impartial figures with limited powers, primarily acting on the advice of the Council of Ministers.
• Debates in the Constituent Assembly addressed fears that Governors might misuse their power to withhold assent to Bills, reminiscent of the Government of India Act, 1935.
• Ambedkar clarified that the power to reserve Bills for the President's consideration was not a discretionary power to be exercised by the Governor independently.
• The current debate highlights concerns that some Governors are overstepping their constitutional boundaries, acting as "interfering authorities" in Opposition-ruled states.
• The article suggests that the courts have a responsibility to ensure that Governors adhere to the spirit of the Constitution and do not undermine the elected legislature.

Key Concepts Involved:

• Governor: The head of a state in India, appointed by the President.
• Constituent Assembly: A body of elected representatives that drafted the Constitution of India.
• Discretionary Powers: Powers that a Governor can exercise without the advice of the Council of Ministers.