Governor's Discretion And The Cascading Effects On Constitutional Balance
Constitutions across the world, by their inherent nature, do not provide for an isolated functioning of any organ of the government and provide for a holistic system of governance with corresponding inter-play between different organs of the State. So thus the Constitution of India. Whereas the essence of checks and balances must be imbibed in the functioning of every organ, it comes with certain limitations, mostly emanating from the doctrine of separation of powers and judicial principle of self restraint. The recent political crisis in Maharashtra has concretised the rising concerns regarding the office of Governor, as envisaged in the Constitution. In an electoral democracy, it is believed, as well as expected, that the role of electorate is not just restricted to the exercise of franchise, but extends to the ultimate goal of the formation of government. However, this expectation is betrayed time and again in every state election in which the electorate fails to offer majority numbers to one party/pre-poll alliance, thereby leaving enough space for constitutional improprieties by constitutional functionaries.