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Re: Article 356 and Governors



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Administrative Note:
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Week's Agenda: Political & administrative reforms
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At 09:04 AM 10/23/98 -0700, Arvind wrote:

>Does the Governor have any constitutional authority? If so,
>isn't it undemocratic to appoint a governor without elections?
>If not, I think we should just have an IAS officer who does the
>job of an "observor for the president". We can do away with
>Governors.

It seems that the only reason to use Art 356 is in the breakdown of
political institutions which lead to a breakdown of law and order. The
question is, who decides when this breaking point is reached and how will
his power be kept in balance?
As a proposed solution, our current system seems adequate with the single
adjustment of increasing the independence of the President (perhaps direct
elections?). Perhaps as an additional check on power, such an action could
require the approval of the Supreme Court (as a measure to prevent the
concentration of power as well as reduce the risk of 'bad' politicians
'capturing' the govt).

Basically, the Article itself does not seem bad (especially given the
lawlessness in much of India), but only its implementation.

- Pratap Raju

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