oppn parties Supreme Court's Lesson On The Powers Of A Governor

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  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
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  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
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  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
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  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Supreme Court's Lesson On The Powers Of A Governor

By Sunil Garodia
First publised on 2022-05-19 07:36:02

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In India's federal structure, the governor is a constitutional head who is bound by the aid and advice of the elected state government. But in reality, the role of the governor is increasingly being questioned as they are being viewed as 'agents' of the Central government who try and impede the working of the state government by 'misusing' their powers. The Supreme Court has, in the A G Perarivalan judgment, called the governor "but a shorthand expression for the state government" and had said that "the advice of the state cabinet is binding on the governor in matter relating to commutation/remission of sentences under Article 161".

The court also took a stern view of the "non-exercise of power or inextricable delay in exercise of power" by the governor and categorically stated that such delays on taking a decision in such matters make them amenable to judicial review. Since the governor reports to the Centre, the role of the Central government is also under the cloud in such matters as in the instant case, the Centre was resisting the state government's decision to release the convicts held for assassinating former Prime Minister Rajiv Gandhi. It could be held that the governor was not taking any action on the state government’s advice as he was directed not to do so by the Central government.

The judgment is clear on these points. It has clearly said that the governor was at fault for not acting on the state cabinet's advice made for remission under the powers granted to it under Article 161. It also faulted the governor for referring the same to the President as there is no provision in the Constitution for the governor to make such a reference.

There can be some genuine disputes between the Centre and the states on the reading of the law but when something is as crystal clear as the powers of the state government under Article 161, the federal structure is weakened if the Centre, through the governor, tries to put hurdles in the implementation of the decisions taken by an elected government in the state. Hopefully, the present judgment ensure that governors act as per law and without delay. 

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