• The years since the adoption of the Constitution has seen centralisation of powers and the role of Governor becoming increasingly controversial.
  • Dr Ambedkar has said the role of the President or the Governor “in the administration is that of a ceremonial device on a seal by which the nation’s decisions are made known”.
  • In the Shamsher Singh judgment, the Supreme Court held that “it is proved beyond reasonable doubt that the President and,  a fortiori, the Governor enjoys nothing more and nothing less than the status of constitutional head in a Cabinet-type government—a few exceptions and marginal reservations apart.”
  • To address the ensuing tensions in federal relations, three expert commissions looked into the matter closely, namely the Sarkaria Commission (1983), the National Commission to Review the Working of the Constitution (2000), and the Punchhi Commission (2007).
  • Article 163 (2) states that the Governor may act in discretion in certain limited matters as provided in the Constitution. It is clear that in other general matters, the Governor is bound by the advice of the Council of Ministers.