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Working a Democratic ConstitutionA History of the Indian Experience$
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Granville Austin

Print publication date: 2003

Print ISBN-13: 9780195656107

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195656107.001.0001

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The Governor's ‘Acutely Controversial’ Role

The Governor's ‘Acutely Controversial’ Role

(p.574) Chapter 28 The Governor's ‘Acutely Controversial’ Role
Working a Democratic Constitution

Granville Austin

Oxford University Press

The governor is the ‘linchpin of the constitutional apparatus of the state’, reported the Sarkaria Commission in 1988. His role ‘has emerged as one of the key issues in Union–State relations’. India's experience with ‘governors’ was millenia-old. To keep the governor functioning constitutionally, as defined by the Supreme Court, three approaches were recommended. The first of these approaches had to do with the appointment of the governor, the second with his security of tenure, and the third with prohibiting government-offered inducements that might prejudice the governor's behaviour in favour of the central government. This chapter describes gubernatorial independence, the discretionary authority of the governor, and the reservation of bills.

Keywords:   gubernatorial Independence, discretionary authority, bill reservation, India, Sarkaria Commission, Union-State relations

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