“Executive functions of the Governor are bound by aid and advice, not personal judgement”. Bring out the constitutional basis of this principle with reference to relevant provisions. Assess its implications for the functioning of State legislatures.
Kartavya Desk Staff
Topic: Structure, organization and functioning of the Executive
Topic: Structure, organization and functioning of the Executive
Q3. “Executive functions of the Governor are bound by aid and advice, not personal judgement”. Bring out the constitutional basis of this principle with reference to relevant provisions. Assess its implications for the functioning of State legislatures. (10 M)
Difficulty Level: Easy
Reference: TH
Why the question In light of recent controversies involving Governors and legislative sessions, which have brought renewed attention to the constitutional limits of gubernatorial discretion within India’s parliamentary democracy. Key Demand of the question The question requires outlining the constitutional basis that binds the Governor’s executive functions to ministerial aid and advice, and assessing the implications of this principle for the functioning of State legislatures. Structure of the Answer Introduction Briefly indicate the principle of responsible government and the Governor’s position as a constitutional head within a parliamentary framework. Body Constitutional provisions and judicial interpretations that require the Governor to act on aid and advice in executive functions. Implications of this limitation for legislative autonomy, orderly functioning of Assemblies and federal balance. Conclusion Underline how adherence to aid and advice upholds constitutional morality and preserves democratic accountability.
Why the question In light of recent controversies involving Governors and legislative sessions, which have brought renewed attention to the constitutional limits of gubernatorial discretion within India’s parliamentary democracy.
Key Demand of the question The question requires outlining the constitutional basis that binds the Governor’s executive functions to ministerial aid and advice, and assessing the implications of this principle for the functioning of State legislatures.
Structure of the Answer
Introduction Briefly indicate the principle of responsible government and the Governor’s position as a constitutional head within a parliamentary framework.
• Constitutional provisions and judicial interpretations that require the Governor to act on aid and advice in executive functions.
• Implications of this limitation for legislative autonomy, orderly functioning of Assemblies and federal balance.
Conclusion Underline how adherence to aid and advice upholds constitutional morality and preserves democratic accountability.