Unveiling Gubernatorial Overreach in India: A Critical Analysis through the Lens of Cooperative Federalism

Abstract

Recently, much attention has been garnered by the tumultuous relationship between the centre and the states due to the arbitrary exercise of discretionary powers by some governors in a few instances. This is referred to as gubernatorial overreach, in which the governor goes beyond his constitutionally circumscribed role and undermines parliamentary democracy and cooperative federalism. Cooperative federalism is an integral part of federalism and is implicitly envisioned in the Constitution of India. It is crucial to foster collaboration between the Union and states to address diverse inequalities in economic development, education, infrastructure, etc, ensuring balanced growth across regions. Cooperative federalism is the best available tool for maintaining the unity and integrity of a heterogeneous, diffuse society like India. The Apex court emphasised the need for state independence, along with the necessity of central coordination and collaboration between states and the centre for the development of each state and the country as a whole. The recent events of gubernatorial overreach in Tamil Nadu, Telangana, Punjab, and Kerala raised questions that needed to be answered to maintain India's unity and integrity. This paper examines the contours of gubernatorial overreach in India to better understand its implications on political stability and democracy in the light of cooperative federalism. Moreover, it seeks to analyse the constitutional limits on the governor's discretionary powers by critically examining notable precedents.