ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Reforming the Office of the Governor

The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnataka Assembly elections in 2018, which had thrown up a hung result, call for the need to scrutinise the post and functioning of governors within India’s constitutional scheme. Such malfeasance on the part of governors is not recent and their supposedly neutral role has always been more a pious hope than a reality. The need of the hour is serious constitutional reform, whether by the legislature or by the judiciary.

The Ordinance Route

The deadlock in Parliament has resulted in the increasing tendency of the union government to promulgate legislation through ordinances, when Parliament is not in session. While there are no substantive restrictions on the President’s power to promulgate ordinances, given the inherently temporary nature of ordinances, the exercise of this power must be limited keeping in mind the concerns of rule of law.
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