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Breaching the Lakshman Rekha

Over the past few weeks, the conduct of Governors, especially in the states ruled by Opposition parties, have been a subject of intense public debate. From the Governor of Kerala 'withdrawing his pleasure' from the Finance Minister of Kerala to the Governor of Tamil Nadu abruptly walking out of the Assembly, the past few weeks have seen increasing confrontation between the Governors and Chief Ministers of opposition ruled States. Article 163 of the Constitution of India prescribes and limits the powers of the Governor in the following manner: "There shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion." The language in this article is simple. The Governor is bound to discharge his functions on the advice of the Council of Ministers, headed by the Chief Minister. The Gov...