Introduction: The Pivotal Role of the Governor
The office of the Governor is a cornerstone of the Indian constitutional framework, embodying the dual capacity of being the nominal executive head of a state and a vital link between the Union and the State. For UPSC aspirants, understanding the Governor's role is not just about memorizing articles; it's about appreciating the delicate balance of power in India's quasi-federal system. This post will dissect the powers, functions, and controversies surrounding the Governor, providing a comprehensive analysis for your GS Paper 2 preparation.
Constitutional Provisions Regarding the Governor
The Constitution of India lays down the framework for the Governor's office in Part VI. Key articles that every aspirant must know include:
- Article 153: States that there shall be a Governor for each State. The 7th Constitutional Amendment Act, 1956, allows for the appointment of the same person as Governor for two or more states.
- Article 154: Vests the executive power of the State in the Governor.
- Article 155: The Governor of a State shall be appointed by the President by warrant under his hand and seal.
- Article 161: Grants the Governor the power to grant pardons, reprieves, etc.
- Article 163: Stipulates that there shall be a council of ministers with the Chief Minister at the head to aid and advise the Governor, except in so far as he is required to exercise his functions in his discretion.
- Article 164: The Chief Minister shall be appointed by the Governor, and other ministers shall be appointed by the Governor on the advice of the Chief Minister.
- Article 200: Deals with the Governor's power to assent to bills passed by the state legislature, withhold assent, or reserve the bill for the consideration of the President.
- Article 213: Empowers the Governor to promulgate ordinances during the recess of the legislature.
- Article 356: Allows the Governor to recommend the imposition of President's Rule in a state if they are satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
The Governor's Dual Role in Federalism
The Governor's position is complex as they serve two masters, creating a potential for conflict within the federal structure.
1. As the Constitutional Head of the State
In a parliamentary system, the Governor is the nominal or titular head of the state executive. They are expected to act on the aid and advice of the Council of Ministers headed by the Chief Minister. In this capacity, they perform functions like appointing the Chief Minister, dissolving the state assembly on the cabinet's recommendation, and giving assent to bills passed by the legislature.
2. As an Agent of the Centre
The Governor also functions as a crucial link between the Union and the State governments. This role is evident in several functions:
- Appointment by the President: Unlike the elected head of the state, the Governor is appointed and serves at the pleasure of the President (effectively, the Union government).
- Reporting to the President: The Governor is duty-bound to report to the President on the affairs of the state, most critically under Article 356.
- Reserving Bills: The power to reserve bills for the President's consideration (Article 200) allows the Union to review state legislation, particularly on matters that might contravene central laws or national policy.
Discretionary Powers: The Eye of the Storm
It is the discretionary power of the Governor, outlined in Article 163, that is the most contentious area and often leads to friction between the Centre and the States. Key discretionary powers include:
- Appointing a Chief Minister when no party has a clear majority after an election.
- Dismissal of the Council of Ministers when it cannot prove the confidence of the house.
- Dissolution of the State Legislative Assembly.
- Recommending President's Rule.
- Reserving a bill for the consideration of the President.
The exercise of these powers has often been criticized for being politically motivated to favour the ruling party at the Centre, thereby undermining the federal spirit.
Major Controversies and Criticisms
The office of the Governor has been embroiled in several controversies that challenge its impartiality:
- Appointment and Removal: The practice of appointing party loyalists and the lack of a fixed tenure (serving at the 'pleasure of the President') are seen as compromising the office's independence.
- Misuse of Article 356: The power to recommend President's Rule has been frequently used, sometimes to dismiss democratically elected state governments on flimsy grounds.
- Partisan Role in Hung Assemblies: Governors have been accused of acting partially when deciding which party to invite to form the government in case of a fractured mandate.
- Withholding Assent to Bills: Recent instances in states like Tamil Nadu and Kerala have highlighted the issue of Governors indefinitely delaying or withholding assent to bills passed by the state legislature, leading to governance deadlocks.
Key Judicial Pronouncements and Committee Recommendations
To address these issues, various commissions and the Supreme Court have made important observations.
Supreme Court Judgements
- S.R. Bommai vs. Union of India (1994): A landmark judgment that put restrictions on the arbitrary use of Article 356. The court held that the President's proclamation is subject to judicial review and that the majority test should happen on the floor of the House.
- Nabam Rebia vs. Deputy Speaker (2016): The Supreme Court ruled that the Governor's discretionary power is not absolute and must be exercised within the bounds of the Constitution.
Committee Recommendations
- Sarkaria Commission (1988): Recommended that the Governor should be an eminent person from outside the state, should not have been active in politics recently, and must be appointed after consultation with the Chief Minister of the state.
- Punchhi Commission (2007): Suggested that the phrase 'pleasure of the President' for the Governor's removal should be deleted and a resolution by the state legislature should be the procedure. It also recommended a fixed tenure of five years for the Governor.
Way Forward and Conclusion
The Governor's office is indispensable for the smooth functioning of India's constitutional machinery and for maintaining the unity and integrity of the nation. However, its potential for misuse threatens the federal fabric. The way forward lies in implementing the recommendations of the Sarkaria and Punchhi Commissions to ensure transparency in appointments, security of tenure, and a clear code of conduct for exercising discretionary powers.
Ultimately, the Governor must act as a 'friend, philosopher, and guide' to the state government, not as an adversary. Upholding the spirit of cooperative federalism requires the Governor to act judiciously and impartially, strengthening, not weakening, the democratic foundations of the states.