This was thought to be very uncertain and very vague, as to when and in what manner the Governor is to be deemed to be in continued incapacity to discharge his functions. Similarly what was means by the expression “failure to discharge his functions“? It became very difficult to decide what authority would declare that a Governor was in continued incapacity, expect in the case of illness. Similarly, “failure to discharge his functions” is again a very vague expression. One man may consider that the Governor was failing to discharge his functions while a large body of other persons and the Governor himself may think that he was not failing to discharge his functions. This has again to be read with sub-clauses (1) and (2) of Clause 3. There it was stated:
“Casual vacancies in the office of Governor shall be filled by election by the Provincial Legislature.“