The Governor

Constitutional Head, Federal Link: Exploring the Office of India's State Executive

The Governor is the constitutional head of the State Executive in India, playing a dual role as both the nominal head of the state and a vital link to the Central government. Appointed by the President, the Governor ensures the state's administration is carried out in accordance with constitutional provisions, while also acting as the representative of the Union. This unique position, combining a ceremonial function with significant constitutional and situational discretionary powers, has often been a point of contention in Centre-State relations, leading to ongoing debates about the impartiality and constitutional propriety of the office.

Introduction: Head of the State Executive

Article 153: Governor for each State

There shall be a Governor for each State. This article establishes the very existence of the office at the state level.

7th Constitutional Amendment Act, 1956: Added a proviso to Article 153, enabling the appointment of the same person as Governor for two or more states. This allows for administrative flexibility and efficiency.

Nominal vs. Real Executive

The Governor is the chief executive head of the state. Article 154(1) vests the executive power in the Governor, to be exercised directly or through subordinate officers.

However, in India's parliamentary system, the Governor is the nominal, constitutional, or titular head (similar to the President at the Centre). The real executive powers are exercised by the Council of Ministers (CoM) headed by the Chief Minister (CM).

This distinction underscores the parliamentary nature of India's governance at the state level.

Agent of the Central Government: Dual Role

The Governor is appointed by the President and holds office during the President's pleasure, making him/her a representative or agent of the Centre in the State.

This creates a dual role for the Governor: acting as the constitutional head of the state while also serving as a channel between the Union and the State. This dual role is a significant feature of India's quasi-federal system and often a source of friction.

Appointment of the Governor (Article 155)

Presidential Appointment

Appointed by the President by warrant under his hand and seal. This implies that the appointment is fundamentally an executive act of the Union government.

Not an elected office: The idea of direct election for the Governor was dropped by the Constituent Assembly to avoid conflicts with an elected CM, ensure impartiality, and maintain central control.

Conventions (Often Breached)

  • Should be an outsider: The Governor should not belong to the state where appointed, to ensure impartiality and avoid local political involvement.
  • President should consult the Chief Minister: The Sarkaria Commission (1988) strongly recommended this convention to foster cooperative federalism and reduce friction. However, this has often been breached, leading to controversies.

Qualifications & Conditions of Office

Qualifications (Article 157)

  • Citizen of India.
  • Completed 35 years of age.

Conditions of Office (Article 158)

  • Shall not be a member of Parliament or State Legislature. (Seat vacated upon assuming office).
  • Shall not hold any other office of profit.
  • Entitled to official residence (Raj Bhavan), emoluments, allowances, and privileges determined by Parliament. These cannot be diminished during his/her term.
  • If same person appointed Governor of two or more states, emoluments shared as determined by President.
Immunity: Absolute immunity from criminal proceedings during term of office. Civil proceedings can be instituted only after two months' notice. This ensures dignity and independent functioning.

Oath & Term of Governor's Office

Oath or Affirmation (Article 159)

Before entering office, subscribes to oath administered by Chief Justice of concerned High Court (or senior-most HC judge available).

Oath pledges: "To faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself/herself to the service and well-being of the people of the State." This emphasizes the Governor's role as a guardian of the Constitution.

Term of Office (Article 156)

  • Normally five years from the date of entering office.
  • Can resign by writing to President.
  • Holds office during the pleasure of the President: Can be removed by President at any time without assigning reasons – a point of controversy. Unlike the President, there is no impeachment procedure for the Governor.
Controversial aspect: This 'pleasure doctrine' effectively means the Governor serves at the will of the Central government, often leading to charges of political dismissals and undermining security of tenure.

Article 160 allows the President to make provisions for discharge of Governor's functions in any contingency not provided for, ensuring continuity.

Powers and Functions of the Governor

The Governor is vested with extensive executive, legislative, financial, and judicial powers, though most are exercised on the aid and advice of the State Council of Ministers.

  • All executive actions of the State Government are formally taken in his/her name (Art 166).
  • Appoints the Chief Minister and other ministers (they hold office during his/her pleasure, in practice, based on CM's advice).
  • Appoints the Advocate General of the state (holds office during Governor's pleasure).
  • Appoints the State Election Commissioner (though removed only by President), and Chairman & members of the State Public Service Commission (though removed only by President).
  • Can seek information from the CM regarding the affairs of State administration and proposals for legislation (Art 167).
  • Can require the CM to submit for consideration of the State CoM any matter on which a decision has been taken by a minister but has not been considered by the CoM.
  • Recommends the imposition of President's Rule (Art 356) to the President. This is a crucial discretionary power.
  • Acts as the Chancellor of universities in the state (by virtue of statutes establishing state universities). Appoints Vice-Chancellors of these universities.
  • Integral part of the State Legislature (Art 168). No bill can become an Act without his/her assent.
  • Summons and prorogues the State Legislature, dissolves the State Legislative Assembly (Art 174).
  • Addresses the State Legislature at the commencement of the first session after each general election and the first session of each year (Art 176).
  • Sends messages to Houses regarding pending bills or otherwise (Art 175).
  • Appoints Speaker/Deputy Speaker pro tem of Assembly, and Chairman/Deputy Chairman pro tem of Council (if existing).
  • Nominates 1/6th members to State Legislative Council (from specific fields - Art 171). (Anglo-Indian nomination to Assembly ceased after 104th Amendment Act, 2019).
  • Decides on questions of disqualification of members of the State Legislature in consultation with the Election Commission (Art 192).
  • Prior recommendation/permission needed for introducing certain bills (e.g., money bills).

Assent to Bills & Presidential Reservation (Art 200, 201)

Bill Passed by State Legislature

Sent to the Governor for assent.

Governor's Options (Art 200)

  • Give Assent (becomes Law)
  • Withhold Assent (dies)
  • Return for Reconsideration (non-Money Bill)
  • Reserve for President's Consideration

Reservation is obligatory if bill endangers High Court's position.

Legislature Reconsiders (if returned)

If passed again by Legislature, Governor MUST give assent.

President's Action on Reserved Bill (Art 201)

  • Give Assent (becomes Law)
  • Withhold Assent (dies)
  • Direct Governor to Return for Reconsideration (non-Money Bill)

If returned and passed again by State Legislature, President is NOT bound to give assent.

Promulgation of Ordinances (Article 213)

  • Promulgates Ordinances when State Legislature not in session, if satisfied that circumstances exist requiring immediate action (on advice of State CoM).
  • Co-extensive with State Legislature's law-making power.
  • Cannot promulgate if: (a) A bill with same provisions would require President's previous sanction for introduction; (b) Governor would have deemed it necessary to reserve such a bill for the President; (c) An Act of State Legislature containing same provisions would be invalid without President's assent. In these cases, Governor needs President's instructions.
  • Must be approved by State Legislature within 6 weeks of its reassembly. Maximum life: 6 months (gap between sessions) + 6 weeks (from reassembly).
  • Can be withdrawn by Governor anytime. Not a discretionary power (on advice of State CoM). Subject to judicial review.

Also lays reports of State Finance Commission, SPSC, and CAG (on state accounts) before the State Legislature.

  • State Money Bills can be introduced in the Assembly only with his/her prior recommendation.
  • Causes the State Budget (Annual Financial Statement) to be laid before the State Legislature (Art 202).
  • No demand for grant can be made except on his/her recommendation.
  • Can make advances out of the Contingency Fund of the State to meet unforeseen expenditure.
  • Constitutes the State Finance Commission every 5 years (to review the financial position of Panchayats and Municipalities).

Pardoning Power (Article 161)

Power to grant pardons, reprieves, respites, remissions of punishment, or to suspend, remit, commute sentences of any person convicted of an offence against any law relating to a matter to which the executive power of the state extends.

  • Cannot pardon death sentence (only President can, though Governor can suspend, remit, or commute a death sentence).
  • Cannot pardon sentences by Court Martial.
  • Consulted by the President while appointing judges of the concerned State High Court (Art 217).
  • Makes appointments, postings, and promotions of district judges in consultation with the State High Court (Art 233).
  • Appoints persons (other than district judges) to the judicial service of the state in consultation with the State Public Service Commission and the State High Court (Art 234).

Governor's Position: Relationship with State CoM

Executive Power & Aid & Advice (Art 154, 163)

Article 154(1): Executive power of State vested in Governor, exercised by him directly or through subordinate officers. This is the formal vesting of executive power.

Article 163(1): There shall be a CoM with CM at head to aid and advise Governor, except in so far as he is by or under Constitution required to exercise functions in his discretion.

This crucial phrase "except in so far as he is by or under this Constitution required to exercise his functions in his discretion" explicitly recognizes that the Governor possesses certain discretionary powers. This is a key difference from the President's position (Art 74).

Discretion & Advice Confidentiality

Article 163(2): If question arises whether matter is discretionary, Governor's decision is final and its validity cannot be questioned. However, this has been subject to judicial review (e.g., S.R. Bommai case).

Article 163(3): Nature of advice tendered by CoM shall not be inquired into by any court. This protects the confidentiality of the CoM's advice to the Governor.

Normally bound by advice of State CoM. Outside the specifically defined discretionary areas, the Governor is constitutionally bound to act on the aid and advice of the State Council of Ministers.

Discretionary Powers of the Governor

The Governor's discretionary powers are a significant aspect of the office, often leading to friction. They are broadly categorized as constitutional (explicitly mentioned) and situational (implied by political circumstances).

Constitutional Discretion (Explicit)

  • Reservation of a bill for President's consideration (Art 200).
  • Recommending President's Rule (Art 356).
  • Exercising functions as administrator of an adjoining Union Territory (if given additional charge).
  • Determining the amount payable by certain NE states (Assam, Meghalaya, Tripura, Mizoram) to an autonomous Tribal District Council as royalty from mineral exploration (Sixth Schedule).
  • Seeking information from the Chief Minister regarding administrative and legislative matters (Art 167), and if necessary, requiring the CM to submit a matter for CoM consideration.

Situational Discretion (Implied / Conventions)

  • Appointment of CM when no party has a clear majority (hung assembly) or when the CM in office dies suddenly and there is no obvious successor.
  • Dismissal of Council of Ministers when it cannot prove confidence of State Legislative Assembly.
  • Dissolution of State Legislative Assembly if CoM has lost its majority or if it is a caretaker government advising dissolution. (The Bommai case has limited this discretion, emphasizing floor test).

Special Responsibilities (Art 371, 371A-J)

In certain states (e.g., Maharashtra, Gujarat, Nagaland, Assam, etc.), the Governor has special responsibilities for specific matters like development boards, law and order, tribal welfare. In these cases, the Governor acts in discretion after consulting the Council of Ministers.

Controversies Surrounding the Office of Governor

The Governor's office has been a perennial source of friction in Centre-State relations, often leading to charges of political bias and undermining federalism.

Appointment & Removal

  • Partisan Appointments: Allegations of political appointees acting biasedly against opposition state governments.
  • Insecurity of Tenure: Holding office during 'pleasure of the President' without security of tenure makes them vulnerable to central pressure, leading to politically motivated dismissals.

Misuse of Discretionary Powers

  • Appointment/Dismissal of CM: Bypassing largest party or dismissing CM claiming majority.
  • Dissolution of Assembly: Without clear advice or against CM's advice.
  • Recommending President's Rule (Art 356): Subjective and politically motivated reports, leading to arbitrary imposition. (Significantly curtailed by S.R. Bommai case).
  • Reserving Bills (Art 200/201): Delaying assent or reserving bills purely to frustrate state legislation.

Agent of Centre vs. Constitutional Head

The inherent dual role often creates a conflict of interest, where the Governor is seen prioritizing the Centre's directives over the elected state government's mandate, undermining federalism.

Recent examples from Kerala, TN, Telangana, West Bengal (2022-2023) show frequent public spats over delayed assent to bills, university appointments, and perceived interference.

Recommendations of Key Commissions (Timeline)

1988

Sarkaria Commission Report

  • Governor should be an eminent person from outside the state, not active in local politics.
  • Chief Minister should be consulted in Governor's appointment.
  • Advocated for fixed tenure and impeachment by Parliament (difficult).
  • Art 356 should be used as a last resort, after a warning and floor test.
2010

Punchhi Commission Report

  • Reaffirmed Sarkaria's recommendations. Suggested a collegium for Governor's appointment.
  • Proposed a fixed five-year tenure and removal only by impeachment by the State Legislature.
  • Recommended specific guidelines for discretionary powers and a time-frame for assent/reservation of bills.
  • Suggested 'localised emergency' under Art 356. (Many recommendations remain under consideration).

Conclusion & Way Forward

The Governor's office is a unique and indispensable constitutional institution in India, serving as the pivot of the State Executive and a vital link in the federal chain. While constitutionally bound by the advice of the Council of Ministers, the Governor's explicit discretionary powers and the 'pleasure doctrine' of appointment have historically made the office a flashpoint in Centre-State relations.

The debates and controversies surrounding the Governor underscore the inherent tension in India's quasi-federal structure. Sustained efforts, drawing upon the recommendations of various commissions and reinforcing the spirit of judicial pronouncements (like S.R. Bommai), are essential to ensure the Governor functions as an impartial constitutional authority, safeguarding the Constitution and promoting cooperative federalism rather than being perceived as a partisan agent of the Centre. This will be crucial for the health of India's democracy.

Key Takeaway: The office's effectiveness hinges on adhering to constitutional morality and fostering a spirit of cooperative federalism, ensuring its role as a guardian of the Constitution rather than an instrument of political influence.

Prelims Quick Notes

Overview

  • Head of State Executive (Art 153-162).
  • Nominal Head; real powers with State CoM.
  • Dual Role: State Constitutional Head + Agent of Centre.

Appointment & Qual.

  • Appointed by President (Art 155), not elected.
  • Qual: Citizen, 35 years (Art 157).
  • Conventions: Outsider, CM consult.

Term & Removal

  • 5 years (Art 156), but during President's pleasure.
  • No security of tenure, no impeachment.
  • Can resign to President.

Immunity

  • Criminal: Absolute during term.
  • Civil: After 2 months' notice.

Key Discretions

  • Reserving bill (Art 200).
  • Recommending President's Rule (Art 356).
  • CM appointment (hung assembly).
  • (Art 163: Governor's discretion final, but subject to JR - Bommai).

Legislative Powers

  • Integral part of Legislature (Art 168).
  • Assent/Withhold/Return/Reserve Bills (Art 200).
  • Ordinances (Art 213) - needs President's instructions in 3 cases.
  • President NOT bound to assent to reserved bill even if re-passed (Art 201).

Mains Analysis & Debates

  • Governor as a Central Agent: Persistent criticism due to appointment process, pleasure doctrine, and dual role, leading to perception as political tools.
  • Abuse of Discretionary Powers: In CM appointment, President's Rule (Art 356), and reservation of bills (Art 200), often seen as biased.
  • Insecurity of Tenure: Undermines independence, encourages subservience to the Centre.
  • Role as Chancellor of Universities: Conflicts with state governments over appointments and administration.
  • From Consensus to Confrontation: Less controversial initially (same party rule), became flashpoint with rise of regional parties.
  • Judicial Intervention: SC (S.R. Bommai 1994) significantly reviewed and restricted Governor's discretionary powers (Art 356), emphasizing objective material and floor tests.
  • Recommendations of Commissions: Sarkaria (1988) and Punchhi (2010) provided blueprints for reforms (CM consultation, fixed tenure, limiting discretion), largely unimplemented.
  • Increased Assertiveness of Governors: Recent years show some Governors becoming more assertive, leading to direct confrontations with CMs.
  • Federal Balance: Critical institution determining health of Centre-State relations.
  • Democratic Governance: Direct bearing on government formation, assembly dissolution, and legislative process.
  • Constitutional Morality: Highlights importance of impartial exercise of office, upholding spirit of Constitution.
  • Need for Reforms: Recurring controversies underscore urgent need for reforms to ensure impartiality and effectiveness.
  • Judicial Oversight: Judiciary continues to scrutinize Governor's actions (e.g., delayed bill assent, university appointments).

Governor-State Government Clashes (2022-2023)

Frequent public spats in states like Kerala, Tamil Nadu, Telangana, and West Bengal between Governors and elected state governments over:

  • Delayed assent to bills.
  • Clashes over university appointments (Governor as Chancellor).
  • Perceived interference in day-to-day administration.

S.R. Bommai Case's Continuing Impact

Though from 1994, its principles continue to guide judicial review of Governor's recommendation for President's Rule, reinforcing its role as a safeguard.

  • Uttarakhand (2016): SC overturned President's Rule, reinstating government, citing Bommai principles.
  • Arunachal Pradesh (2016): SC quashed Governor's decision to advance assembly session without CM's advice.

Governor's Role in Government Formation

Instances where Governors have been criticized for their discretion in inviting parties to form government or allowing more time for proving majority in a hung assembly, sparking debates on impartiality.

These cases exemplify the need for clear guidelines and constitutional propriety in gubernatorial actions.

UPSC Previous Year Questions (PYQs)

Prelims MCQs

UPSC Prelims 2018: With reference to the election of the President of India, consider the following statements:

  1. The value of the vote of each MLA varies from State to State.
  2. The value of the vote of MPs of the Lok Sabha is more than that of the MPs of the Rajya Sabha.

Which of the statements given above is/are correct?

  • (a) 1 only
  • (b) 2 only
  • (c) Both 1 and 2
  • (d) Neither 1 nor 2
Show Answer & Explanation

Answer: (a)

Explanation: Statement 1 is correct due to the varying population and number of MLAs in different states. Statement 2 is incorrect; the value of the vote of an MP (whether from Lok Sabha or Rajya Sabha) is the same. This question, while on the President, highlights the appointed nature of the Governor to avoid conflicts with elected bodies.

UPSC Prelims 2014: Which of the following is/are the discretion(s) granted to the Governor of a State?

  1. Sending a report to the President of India for imposing the President's Rule.
  2. Appointing the Ministers.
  3. Reserving certain bills passed by the State Legislature for the consideration of the President of India.
  4. Making the rules to conduct the business of the State Government.

Select the correct answer using the code given below:

  • (a) 1 and 2 only
  • (b) 1 and 3 only
  • (c) 2, 3 and 4 only
  • (d) 1, 2, 3 and 4
Show Answer & Explanation

Answer: (b)

Explanation: Statements 1 (Art 356) and 3 (Art 200) are explicit constitutional discretionary powers. Statement 2 (appointing ministers) is done on the CM's advice (except for the CM in a hung assembly, which is situational discretion but not explicitly listed as a general discretion for *all* ministers). Statement 4 (making rules for business) is done on the CoM's advice. Hence, 1 and 3 are the correct explicit discretionary powers mentioned.

Mains Questions

UPSC Mains 2020 (GS Paper 2): "Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss."

Direction & Value Points

Direction: The Governor's office is a prime example of the unitary bias within India's federal structure.

Value Points:

  • Discuss federal features (division of powers, written constitution, independent judiciary).
  • Highlight the Governor's appointment by the President (Centre's agent).
  • Governor holding office during President's pleasure (insecurity of tenure).
  • Discretionary powers: especially recommending Art 356 (President's Rule), reserving bills (Art 200), impacting state autonomy.
  • Mention ongoing controversies as evidence of friction due to this bias.

UPSC Mains 2017 (GS Paper 2): "The Inter-State Council is an important platform for managing federal relations, but its effectiveness has been limited. Discuss the reasons for its limited effectiveness and suggest measures to make it a more robust institution."

Direction & Value Points

Direction: The Governor's office directly affects Centre-State relations. Conflicts related to Governors often contribute to the very federal tensions that the Inter-State Council tries to resolve.

Value Points:

  • Explain the purpose of the Inter-State Council in cooperative federalism.
  • Discuss general reasons for limited effectiveness (lack of political will, non-binding nature of recommendations, infrequency of meetings).
  • Specifically, cite controversies surrounding the Governor's office (partisan appointments, misuse of discretionary powers like Art 356 and bill reservation) as a significant impediment to healthy Centre-State relations.
  • Explain how these gubernatorial issues create distrust and an adversarial environment, thus impacting the effectiveness of cooperative federal forums like the Inter-State Council.
  • Suggest measures for reform in the Governor's office (as per Sarkaria/Punchhi) alongside other reforms for the Council.

Original Practice MCQs

1. Which of the following powers of the Governor are considered discretionary powers?

  1. Summoning a session of the State Legislative Assembly.
  2. Reserving a Bill for the consideration of the President.
  3. Appointing the Chief Minister when no single party has a clear majority in the Assembly.
  4. Making rules for the conduct of business of the State Government.

Select the correct answer using the code given below:

  • (a) 1 and 2 only
  • (b) 2 and 3 only
  • (c) 1, 2 and 3 only
  • (d) 1, 2, 3 and 4
Show Answer & Explanation

Answer: (b)

Explanation:

  • Statement 1 is incorrect: Summoning the assembly (Art 174) is typically done on the advice of the Council of Ministers.
  • Statement 2 is correct: Reserving a bill for the President (Article 200) is an explicit constitutional discretionary power.
  • Statement 3 is correct: Appointing a CM in a hung assembly is a situational discretionary power.
  • Statement 4 is incorrect: Making rules for the conduct of business is an executive power normally exercised on the advice of the CoM.

2. Consider the following statements regarding the pardoning power of the Governor under Article 161:

  1. The Governor can pardon a death sentence.
  2. The Governor can pardon sentences inflicted by a Court Martial.
  3. The Governor's pardoning power extends to cases involving laws relating to matters to which the executive power of the state extends.

Which of the statements given above is/are correct?

  • (a) 3 only
  • (b) 1 and 2 only
  • (c) 1 and 3 only
  • (d) 1, 2 and 3
Show Answer & Explanation

Answer: (a)

Explanation:

  • Statement 1 is incorrect: The Governor cannot pardon a death sentence. Only the President can (Article 72). However, the Governor can suspend, remit, or commute a death sentence.
  • Statement 2 is incorrect: The Governor cannot pardon sentences inflicted by a Court Martial. Only the President can.
  • Statement 3 is correct: Article 161 states that the Governor's power extends to offenses against any law relating to a matter to which the executive power of the State extends.

Original Practice Mains Questions

1. "The Governor's office in India is often perceived as a delicate balancing act between being a constitutional head of the state and an agent of the Centre. Discuss the constitutional provisions and conventions that define this dual role and analyze how its frequent controversies impact the spirit of cooperative federalism." (15 marks, 250 words)

Key Points/Structure
  • Intro: Introduce Governor's dual role (nominal head, Centre's agent) and its inherent tension.
  • Constitutional Provisions Defining Dual Role:
    • As Constitutional Head: Executive power vested in Governor (Art 154); acts on CoM advice (Art 163); oath to protect Constitution (Art 159).
    • As Centre's Agent: Appointed by President (Art 155); holds office during President's pleasure (Art 156); can recommend President's Rule (Art 356); reserves bills for President (Art 200).
  • Conventions (often breached): Outsider, CM consultation for appointment.
  • Impact on Cooperative Federalism (Controversies):
    • Partisan Appointments/Removals: Undermine trust.
    • Misuse of Discretion: In CM appointment/dismissal, dissolution of Assembly, recommending Art 356 (S.R. Bommai case).
    • Bill Reservation: Seen as central interference/delay tactics.
    • Clashes over University Appointments.
    • Erodes Trust: Creates adversarial relationship instead of cooperative.
  • Conclusion: Office crucial for federal balance. Controversies challenge cooperative federalism, necessitating strict adherence to constitutional propriety and expert recommendations.

2. "Critically examine the discretionary powers of the Governor of a state, distinguishing between constitutional and situational discretions. Analyze how the Supreme Court's pronouncements have sought to limit the arbitrary exercise of these powers, particularly in the context of government formation and dismissal." (10 marks, 150 words)

Key Points/Structure
  • Intro: Briefly state Art 163(1) and (2) that give Governor explicit discretionary powers.
  • Distinction between Discretions:
    • Constitutional (Explicit): Power to reserve bills (Art 200); recommending President's Rule (Art 356); functions as UT Administrator; special responsibilities (Art 371A-J); seeking information from CM (Art 167).
    • Situational (Implied/Political): Appointing CM when no clear majority/sudden death; dismissing CoM when it loses confidence; dissolving Assembly if CoM loses majority.
  • Supreme Court's Role in Limiting Arbitrary Exercise:
    • S.R. Bommai Case (1994): Watershed judgment.
    • Judicial Review: Proclamation under Art 356 subject to judicial review.
    • Objective Material: Governor's satisfaction must be based on objective facts.
    • Floor Test: Majority to be tested on the floor of the House (curbed arbitrary CM appointment/dismissal).
    • Later Cases: Continued to uphold Bommai principles (e.g., Uttarakhand, Arunachal Pradesh 2016 cases).
  • Conclusion: SC has significantly reined in arbitrary exercise, strengthening democratic norms and federal balance.