GS2 PYQ (Mains Answer Writing): Governor | Indian Polity for UPSC CSE PDF Download

Q1: Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
Ans: Role of the Governor in State Legislature: The Governor is an integral part of the state executive in India and holds various legislative powers as per Part VI of the Indian Constitution.

Essential Conditions for Governor's Legislative Powers:

• Addressing the first session of the state legislature every new year.
• If the speaker or deputy speaker's office is vacant, appointing a member from the state legislative assembly (SLA) to preside.
• Reserving any state legislature bill (except money bills) for the president's reconsideration.
• Deciding the legality of disqualification of state legislature members after consulting the Election Commission.
• The Governor's significant legislative power is the authority to promulgate ordinances when the state legislature is not in session.
• Under Article 213 of the Constitution, the Governor can issue ordinances when the legislature is not in session and can re-promulgate them thrice.

Legal Precedents:

• In the DC Wadhwa Case 1987, the Supreme Court emphasized using the executive's power to issue ordinances only in exceptional circumstances, not as a substitute for legislative authority.
• The Krishna Kumar Singh Case 2017 highlighted that re-promulgation of ordinances is unconstitutional, undermining democratic legislative processes.

Constitutional Role: The Indian Constitution upholds the separation of powers among the legislature, executive, and judiciary. The Governor's ability to re-promulgate ordinances is permissible only in specific situations, considering urgency and absolute necessity, while respecting the legislature's law-making function.

Q2: "While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy." Comment.
Ans: Centralisation and State Autonomy in Politics: Centralisation involves concentrating decision-making and planning at a single unit to ensure uniformity, while state autonomy refers to having control over resources independently of a central authority. There's an ongoing struggle between national and regional political parties regarding development, representation, and finances.

National Parties' Preference for Centralisation:

• To align goals and objectives uniformly across political parties.
• Better control over party members.
• Uniformity in the parties' programs.
• Improved targeting of the general public.
• Enhanced prospects of winning future elections.

However, centralisation tends to:

• Diminish regional parties and their concerns.
• Give precedence to national security issues.
• Require obedience over accountability and transparency.

State Parties' Advocacy for State Autonomy:

• Founded on identity, statehood, ethnicity, and development.
• Aligned closely with local issues and needs.
• Opposed to bureaucratic obstacles.
• Preference for faster decision-making at grassroots levels.
• Efficient resource mobilization catering to population needs.

Regional parties emphasize that:

• Regional issues differ from national concerns.
• However, the rise of regional parties has led to problems such as political trading for personal gains, overshadowing state demands for development and autonomy.

It's crucial that regional party demands align with India's unity and integrity for a healthy democracy.