what shows that the govener is a representative of the Union government
Answers
Answer:
Explanation:
Governor is the Chief Executive official of the state. The Executive power of the state is vested in him and all executive actions are taken in his name in accordance with the Constitution [2] . Governors of Indian states have been vested with powers and functions at the state level as that of the President at the capital. The powers and functions so conferred include the exercise of certain discretionary powers where the Governor is expected to act on his own judgment. It is the duty of the Governor as the representative of the centre to ensure that the state is being carried on in accordance with the provisions of the Constitution [3] . This follows that if it comes to his notice that the State no longer can be carried on in accordance with the Constitution he may report the same to the President. The President on being satisfied with such report or otherwise may take over the administration of the state by declaring President’s rule [4] . This power of the Centre to take over the State’s administration has been severely criticized. It has been alleged that when the Constitution has declared India to be a federation, the existence of such a provision runs antithetical to the federal principle. The theory of federalism connotes that the states and the federal government are two sovereign entities and that; one sovereign cannot overtake another sovereign [5] .
Criticism has also been leveled that the Union Government utilizes the Governor for its own political ends [6] . Lately, it has also been observed that many Governors came to regard themselves as the agents of ruling party rather than the guardians of federal democracy.
This project tends to analyze the position of Governor as the Constitutional head of the state in the backdrop of federalism. The project analyzes the legal position of Governor with the help of case law. The researcher has placed an exclusive reliance on Article 356 since it has been alleged that the office of Governor has been misused by the Centre by its unwarranted application. This is followed by a reference to those instances where there is a prima facie misuse of this provision. The project concludes on an observation that the theoretical exposition of the position of Governor under the Constitution of India remains to be a utopia.