DOCTRINE OF PLEASURE WHETHER AN IMPEDIMENT TO GOVERNOR’S FUNCTIONING

Abstract

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 which are very similar to the powers and functions assigned to the President in the centre. The powers and functions so conferred include the exercise of certain discretionary powers. In such cases the Governor has 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.  The most important function of a governor is to preserve, protect and defend the constitution.  For example when it comes to the notice of the state governor that the state can no longer be carried out in accordance with the Constitution, by the present government, 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 rule in a federal country like India is criticised very widely. Also there is a probability of centre using the governor to meet their own political motives and there are multiple instances where it was alleged that the office of Governor has been misused by the Centre by its unwarranted application.