What is it about?
The article traces the genesis of the Article 163 of the Indian Constitution that allows use of discretionary powers of the governors. Despite being antithetical to the responsible governments in the states, such powers were assigned to the governors after contentious debates in the Constituent Assembly in order to retain a strong centre in the aftermath of unification of India. This article recommends that there is a need for some reforms particularly with regard to appointment and tenure of the governors that aid and abet the constitutional transgression by the governors. It also holds that codification of a body of conventions would further bring the actions of the governors within the accepted canons of interpretation of the Constitution.
Featured Image
Why is it important?
The reader need not go beyond this article to develop a comprehensive understanding of genesis, exercise, judicial reviews, reform proposals related to discretionary powers of governors. In this article, the author uses debates in the Constituent Assembly, and compares the provision in Act of 1935 to understand why and how the Article 163 developed. The article also does extensive research on powers exercised in past by Governors, and orders of Supreme Court, to recommend certain reforms.
Perspectives
I was intrigued by the concept and practice of discretionary powers in Indian Constitution. As I went deeper into my research, I realised that it was not a design or drafting defect but a deliberate design which went wrong in the hands of ruling party in the centre. The Article 163 is a culmination of what the founding fathers in their wisdom thought of states as a federating unit. They were also guided by the practice of Act of 1935. However, after 67 years of our constitution, we need to have a fresh look at the discretionary powers of Governors. We need to take it out of Supreme Court, address the political games that are played through a conscious decision to bring in reforms in the interest of popular government.
Atul Kumar TIWARI
Indian Institute of Public Administration
Read the Original
This page is a summary of: A Chequered History of Governors’ Discretionary Powers under Article 163, Indian Journal of Public Administration, September 2017, SAGE Publications,
DOI: 10.1177/0019556117720592.
You can read the full text:
Contributors
The following have contributed to this page
