India is constitutionally a federal democratic country designed to balance regional autonomy with national unity in a highly diverse society. The Constitution distributes powers between the Union and State governments with strong centralizing powers to the Union Government in order to maintain country’s unity and integrity. Within this constitutional framework, the office of the Governor plays an important role in maintaining the balance between the Union government and State government while protecting federalism, democratic values and constitutional morality. However, the Governor’s discretionary powers, along with the process of appointment by the President on the advice of the Prime Minister and the Union Council of Ministers have frequently become a source of political controversy. During periods of intense political rivalry between the Union government and the State governments, gubernatorial discretionary powers, particularly in matters of forming state governments, giving or delaying assent to bills, and reserving bills for the President, have often been seen as an instrument of the Union government to influence or control opposition-ruled states. Such actions have repeatedly invited Supreme Court scrutiny and judicial review. This article examines the judicial review of gubernatorial discretion from a political angle. It emphasizes the Supreme Court’s role in checking the political use of constitutional authority and resolving Centre-State tensions. The article further highlights the judiciary’s evolving role as an arbiter of federal conflicts. Special attention is given to recent landmark decisions on the State of Tamil Nadu v. Governor of Tamil Nadu (2025) of the Supreme Court in addressing delays and inaction by Governors in the legislative process. The paper argues that judicial review of the Governor’s discretion is not merely a legal exercise but a political process through which the Supreme Court seeks to preserve federal balance and democratic accountability.
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Sunita Meena
University of Delhi
University of Delhi
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Sunita Meena (Thu,) studied this question.
synapsesocial.com/papers/6a23bafd71a5da9775e7684b — DOI: https://doi.org/10.5281/zenodo.20542829
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