Você está na página 1de 1

Introduction:-

Governor is the Chief Executive official of the state. The Executive power of the state is vested in him and all
executive actions are taken in his name in accordance with the Constitution. Governors of Indian states have
been vested with powers and functions at the state level as that of the President at the capital. The powers and
functions so conferred include the exercise of certain discretionary powers where the Governor is expected to
act on his own judgment. It is the duty of the Governor as the representative of the centre to ensure that the state
is being carried on in accordance with the provisions of the Constitution. This follows that if it comes to his
notice that the State no longer can be carried on in accordance with the Constitution he may report the same to
the President. The President on being satisfied with such report or otherwise may take over the administration of
the state by declaring President’s rule . This power of the Centre to take over the State’s administration has been
severely criticized. It has been alleged that when the Constitution has declared India to be a federation, the
existence of such a provision runs antithetical to the federal principle. The theory of federalism connotes that the
states and the federal government are two sovereign entities and that; one sovereign cannot overtake another
sovereign.

Statement of problem:-

 WHETHER THE GOVERNOR ACTS AS AN OBSERVER OF THE UNION?


 IS THE OFFICE OF GOVERNOR SUBSERVIENT TO THE UNION?
 WHETHER THE POSITION OF GOVERNOR IMPEDED BY THE MANNER OF HIS REMOVAL
BY THE CENTRE?
 WHETHER THE GOVERNOR ACTS AS AN OBSERVER OF THE UNION?

Area of Investigation:-

This project tends to analyze the position of Governor as the Constitutional head of the state in the backdrop of
federalism. The project analyzes the legal position of Governor with the help of case law. The researcher has
placed an exclusive reliance on Article 356 since it has been alleged that the office of Governor has been
misused by the Centre by its unwarranted application. This is followed by a reference to those instances where
there is a prima facie misuse of this provision. The project concludes on an observation that the theoretical
exposition of the position of Governor under the Constitution of India remains to be a utopia.

Research Methodology:-

Simple methods of research will be employed which includes doctrinal, descriptive, analytical research, as well
as data collected from books, journals, articles, news, e-magazines, and the reports published on the internet.

Suggested:-

Governor acts as a defender of the Constitution. He owes an undivided allegiance to the “Constitution and the
Law" while undertaking the obligation to devote himself to the service and well being of the people. He is to act
as a formal channel of communication between the Union and the State.

Você também pode gostar