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International Journal of
Law
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VOL. 11, ISSUE 12 (2025)
Governors and the abuse of power: A case study approach to instances of misuse of constitutional powers
Authors
Neeraj Kumar, Dr. Virender Sindhu
Abstract

The position of Governor plays a very important role in India’s constitutional framework, with the goal of maintaining a balance between the Union and State governments and protecting democratic principles, federalism, and constitutional morality. However, political controversies, judicial interventions, and accusations of partisanship have raised serious concerns about the misuse of gubernatorial powers. This research analyzes key constitutional provisions like Articles 163, 200 and 356, whose ambiguities sometimes encourage discretionary overreach.

Using Doctrinal and case-study methodology, this research analyzes landmark judgments such as S.R. Bommai case, Shamsher Singhcase, and Nabam Rebia case, as well as recent political situations in Maharashtra, Karnataka, Rajasthan, Tamil Nadu, and Kerala. The study reveals that interference in government formation, legislative delays, and trends like recommendations for President’s Rule weaken cooperative federalism and democratic legitimacy.

This research suggests that clear codification of discretionary powers, transparency in the Governor appointment process, accountability mechanisms based on judicial oversight, and adopting permanent constitutional conventions are very necessary. Restoring the neutrality and public trust of the Governor’s office is essential to strengthen India’s constitutional balance and federal ethos.
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Pages:5-10
How to cite this article:
Neeraj Kumar, Dr. Virender Sindhu "Governors and the abuse of power: A case study approach to instances of misuse of constitutional powers". International Journal of Law, Vol 11, Issue 12, 2025, Pages 5-10
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