The state governor and his discretionary powers: an analysis

The constitution created council of Ministers headed by Chief Minister to aid and advice the governor, and he works on the advice of the council of Ministers. The second, category comprises retired civil servants who have been rewarded for their ‘loyalty’; the third category is the smallest. The Governor is to summon either or both Houses of the State Legislature to meet at a time and place as he thinks appropriate. The five judge-bench of the Supreme Court held that such a practice was a “subversion of the democratic process” and amounted to fraud upon the constitution” and therefore unconstitutional. In the states of Bihar, Madhya Pradesh, and Orissa it is the special responsibility of the Governor to see that a Minister is placed in charge of Tribal welfare. He said that the governor himself asked the speaker to conduct the special assembly session and send a report immediately, but he did not wait for the speaker's report. ‘He has not only disrespected the house, but also his own words’. The political drama in UP proved the unconstitutional role played by the governor into the open. The president asked the prime minister to ‘advise’ him on the conduct of Uttar Pradesh governor. The governor thereafter resigned. Thus politicization of the governor's office is one of the major problem in UP. Thus in the final analysis the governor acts as a representative of the centre to protect the national interest in State.