This is an archive article published on December 14, 2020
Governor can’t use ‘delaying tactics’ on advice of Council of Ministers: Experts
"In matters of the Constitution, personal discretion has no place. Yes, the Governor can use constitutional discretion. And in this case, where it concerns nomination of members to the Legislative Council, the Governor can use constitutional discretion."
A day after Chief Minister Uddhav Thackeray questioned the use of discretionary powers by Governor Bhagat Singh Koshyari regarding approving the nominations of 12 members to the state Legislative Council, constitutional experts said the Governor would be violating the Constitution if he resorts to “delaying tactics” on the recommendations made by the Council of Ministers.
“In matters of the Constitution, personal discretion has no place. Yes, the Governor can use constitutional discretion. And in this case, where it concerns nomination of members to the Legislative Council, the Governor can use constitutional discretion,” said constitutional expert Ulhas Bapat.
This constitutional discretion, said Bapat, should be reasonable. “It means he can take his time in approving the names recommended by the Council of Ministers, but only within a reasonable period of time. That reasonable time, however, can’t exceed two or three weeks. It can’t be extended to an indefinite period of time..,” said Bapat.
The advice of the Council of Ministers, said Bapat, was binding on the Governor under Article 163 of the Constitution. “… in this case, the advice of the Council of Ministers is binding on the Governor. There is no question of personal discretion coming into play. He will have to go by the advice of the Council of Ministers…,” he said.
Bapat said Koshyari has, even in earlier instances, behaved less as a constitutional head and more like a political leader. “In the past, the Governor has acted as if he was the political leader and not a constitutional appointee as he tried to question the Cabinet’s decision. This is an attempt to violate the Constitution. While holding a constitutional post, a Governor should be adhering to constitutional norms and not resort to political machinations, which is tantamount to committing fraud on the Constitution,” said Bapat.
At a press conference on Sunday, the Chief Minister had said, “We have recommended 12 names to the Governor. If there is a time limit for retirement of members, then there should also be a time limit on their nominations. It seems like we will have to make a provision in the Constitution for setting time limit for nominations of the members. While we acknowledge a Governor’s powers, can the Governor use this right as per his own discretion… There is a difference between discretion and right. He should understand that…”
Former High Court judge, Justice B G Kolse-Patil, said, “A decision or a recommendation made by the state Cabinet can’t be disregarded by the Governor, it is binding on him. A Governor is a powerless constitutional head. He has to put his stamp on the recommendation of the Cabinet. He can’t sit on it, using his discretion, for any length of time. If he does that, he not only violates the Constitution but is also trying to trample upon democracy.”
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Kolse-Patil said the Governor has to work in the interest of the state as a constitutional head. “Here, it seems he is holding a brief for a political party. The interest of a political party seems to be paramount for him. The Governor should not play politics as he is not a political person. He should leave politics to political parties. A person might have a political background. But once he or she is appointed as the Governor, they should forgot their political allegiance… they are duty-bound to uphold the constitutional norms. But in case of Koshyari, he does not seem to have any regard for constitutional norms as he continues to disregard the advice of the council of ministers,” said Justice Kolse-Patil.
Advocate Sushil Mancharkar said, “The Governors can use constitutional discretion when they have to recommend President’s rule in the state.. Also, they can use constitutional discretion when they have to reserve a bill for the consideration of the President . In such cases, governors can decide on their own without the advice of the Council of Ministers.”
He pointed out that a five-judge Constitution bench of the Supreme Court, in the Nabam Rebia versus Deputy Speaker case, had held that a Governor’s discretionary power “is extremely limited and entirely liable to judicial review.
“Under Article 163 of the Constitution, the Governor has no general discretionary power to act against the advice of his Council of Ministers. In this present case, not accepting the recommendation or using delaying tactics is like going against the advice of Council of Ministers, which is unconstitutional,” he said.
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Shiv Sena MP Sanjay Raut said, “There has been no word from the Governor’s office regarding the names recommended by the state Cabinet. We will give the Governor time till January. Apparently, he wants to study the matter before taking a decision. Let him carry out his study…” Raut said, adding that the names were submitted to Koshyari more than a month ago.
On the Chief Minister’s remarks, that there should be a Constitutional provision vis-a-vis time limit for the Governor to act on the Cabinet’s recommendations, Raut said, “We are exploring this possibility. Indeed, there should be a time limit. The Governors in the country can’t take decisions on their whims and fancies. The law should govern all their action. If the Governor has been given certain rights and discretions, then those should be used within a reasonable period of time.”
Manoj Dattatrye More is a Senior Editor at The Indian Express, having been with the publication since 1992. Based in Pune, he is a veteran journalist with a 33-year career that spans editorial desk work, investigative reporting, and political analysis.
Professional Legacy
Experience: He spent his first 16 years on the editorial desk before moving into active field reporting. He has written over 20,000 stories, including more than 10,000 bylined articles.
Impact Journalism: He is widely respected for "campaign-style" reporting that leads to tangible social change.
Road Safety: His decade-long campaign regarding the dangerous state of the Pune-Mumbai highway in Khadki resulted in a ₹23 crore reconstruction project in 2006, which dramatically reduced fatalities.
Environmental Protection: His reports against tree cutting on the Pune-Mumbai and Pune-Nashik highways saved approximately 2,000 trees.
Anti-Corruption: During the COVID-19 pandemic, he exposed a scam where doctors were being asked to pay bribes for government jobs, resulting in them being hired without payment.
Recent Notable Articles (Late 2025)
Manoj More's recent work focuses heavily on the shifting political landscape of Maharashtra and civic governance in the Pimpri-Chinchwad area:
1. Political Shifts & Alliances
"Ajit Pawar's NCP continues domination in Pune, wins 10 of 17 local bodies" (Dec 21, 2025): A major report on the local self-government election results, detailing the NCP’s stronghold in Baramati, Indapur, and Lonavala.
"BJP ropes in 13 ex-corporators, deals major blow to NCP" (Dec 20, 2025): Reporting on a significant political defection in Pimpri-Chinchwad as the BJP gears up for civic polls.
"Congress opts for solo BMC run as alliance talks with Sena (UBT) collapse" (Dec 17, 2025): Covering the breakdown of Maha Vikas Aghadi (MVA) talks for the Mumbai civic elections.
"NCP(SP)'s Rahul Kalate, Sena (UBT) leader Sanjog Waghere set to join BJP" (Dec 19, 2025): Detailing high-profile party-hopping ahead of the municipal elections.
2. Civic & Administrative Accountability
"PCMC draws ire for issuing tenders worth Rs 250 crore just before poll code" (Dec 17, 2025): An investigative piece on the Pimpri-Chinchwad Municipal Corporation’s last-minute spending spree before election restrictions.
"93 killed in 76 accidents in five years: Bypass service roads in Pune remain undeveloped for 18 yrs" (Nov 16, 2025): A critical look at the long-delayed infrastructure projects contributing to fatalities on Pune’s bypass roads.
3. Social & Labor Issues
"As state says TCS has laid off 376 employees: FITE flags figures, say nearly 2,500 were forced to quit" (Dec 11, 2025): Investigating conflicting reports regarding IT sector layoffs in Maharashtra.
"Maharashtra govt move to 'downgrade' Aadhaar cards" (Nov 30, 2025): Reporting on the state’s decision to require additional documents alongside Aadhaar to combat identity misuse.
Signature Beat
Manoj More is the definitive voice on Pimpri-Chinchwad, an industrial hub he has covered for three decades. His reporting is characterized by its aggressive stance against local "gondaism" (thuggery) and a relentless focus on civic infrastructure—choked drains, garbage management, and public transport.
X (Twitter): @manojmore91982 ... Read More
