Current Context
Recently, in an unexpected turn of events, Tamil Nadu Governor R. N. Ravi exited the state Assembly, citing a breach of protocol due to the omission of the national anthem at the commencement of the session. The episode has escalated tensions between the Governor and the state government, igniting fresh debate regarding constitutional propriety and political maneuvering.
The governor of a state in India is an independent constitutional office and is not under the control of the central government, but the role of the Governor in Indian federalism has long been debated—whether they serve as protector and defender of the Constitution or merely as an instrument of the central government.
About the post of Governor
A Governor serves as the constitutional head of a state in India, appointed by the President of India. The Governor possesses considerable ceremonial authority, but their executive powers are predominantly exercised based on the counsel of the Chief Minister and the Council of Ministers.
Article 153 of the Indian Constitution states that each state will have a Governor and permits a single individual to be appointed as the Governor for more than one states.
The Governor's duties encompass supervising the establishment of the state government, granting approval to legislation, convening and dismissing the state legislature, and issuing ordinances when the legislature is not in session.
With powers outlined in Part VI of the Constitution, the Governor is the constitutional head and top executive of the state. Apart from that, the Governor serves as a representative of the central government, therefore fulfilling a dual function that makes the post indispensable in the state executive.
The Role of the Governor in India
In India, the Governor functions as the constitutional head of a state, representing the President of India at the state level. Although the role is predominantly ceremonial, the Governor possesses substantial responsibilities and authority that facilitate the effective operation of the state's governance.
1. Appointment and Tenure: The Governor is appointed by the President of India and serves at the President's discretion, signifying that the President can dismiss the Governor at any moment. The Governor's function is intended to be neutral, as they embody the central power within the state. Although each state has a single Governor, there are instances where a Governor may assume extra responsibilities for multiple states.
2. Key Responsibilities
Establishment of the State Government: A primary responsibility of the Governor is to facilitate the formation of a government in the state following an election. The Governor designates the Chief Minister (the head of the majority party) and other ministers who constitute the state government.
Summoning and Proroguing the Legislature: The Governor possesses the ability to convene and prorogue the state legislature. The Governor may dissolve the state legislative assembly if necessary.
Assenting to Bills: Following passage by the state legislature, a bill is forwarded to the Governor for assent. The Governor may either grant assent to the bill or refuse it. In some instances, the Governor may withhold the bill for the President's endorsement.
3. Authority of the Governor
Executive Powers: The Governor possesses executive powers, which encompass the authority to select officials like the Advocate General, State Election Commissioner, and members of the State Public Service Commission. The Governor is responsible for appointing judges in state courts.
Legislative Powers: The Governor plays a crucial role in the legislative process. They possess the authority to address the state legislature, dissolve the assembly, and convene fresh sessions. The Governor possesses the right to withhold some bills for the President's endorsement.
The Governor possesses the authority to give pardons or mitigate the sentences of guilty individuals under specific circumstances. This authority may be exercised upon the counsel of the state administration or under exceptional circumstances.
4. Discretionary Authority: While the Governor's position is predominantly ceremonial and they typically operate on the counsel of the Council of Ministers, there are occasions when they may use discretion.
President's Rule: In the event of state government failure or a breakdown of constitutional machinery, the Governor may propose the imposition of President's Rule pursuant to Article 356 of the Constitution, enabling the central government to assume control of the state.
Formation of Government: In the event that no party achieves a definitive majority post-elections, the Governor is required to exercise discretion in inviting the party or coalition deemed capable of establishing a stable government.
Dual Role of Governor
The Governor in India possesses a distinct dual function, both as the constitutional head of a state and as a representative of the central government. This dual role is fundamental to India's federal framework, equilibrating the authority of the state and the Union.
1. Function as the Constitutional Head of State
Executive Powers: The Governor, as the constitutional head of a state, executes ceremonial and administrative duties to facilitate the efficient operation of the state government. The Governor operates based on the counsel of the Council of Ministers led by the Chief Minister.
Legislative Powers: Responsibilities encompass convening and adjourning the legislature, granting assent to legislation, and ensuring compliance of laws and government with the Constitution. The Governor supervises the selection of essential state officials, including the Advocate General and the State Election Commissioner.
2. Function as the Representative of the Central Government
The Governor serves as the intermediary between the state and the federal government. This duty enables the Union government to oversee the operations of state administration and guarantee adherence to constitutional mandates. The Governor may present reports to the President of India regarding significant matters in the state, including law and order or political instability.
The Governor possesses the right to propose President's Rule (pursuant to Article 356) if the state government does not operate in accordance with constitutional standards.
3. Reconciling the Dual Function
The Governor's dual position frequently necessitates the preservation of a precarious balance:
The Governor must maintain the autonomy of the state government while serving as a neutral constitutional authority.
Conversely, the Governor must guarantee that the state machinery functions within the parameters of the Constitution and adheres to central laws and policies.
Challenges in the Dual Role
1.Political Allegiances: The President's nomination of the Governor, based on the central government's counsel, occasionally prompts debates over impartiality, particularly during disputes with the state government.
West Bengal 2024: Governor C.V. Ananda Bose and CM Mamata Banerjee disagreed in 2024, with Banerjee accusing the Governor of aligning with the central government's policies. This conflict raised concerns about the impartiality of governors, given their president-appointed role, often seen as influenced by the central government.
2.Misuse of Power: The Governors Committee (1971) highlighted the governor's duty to submit regular updates on the political situation and to make sure the state's administration does not fall apart because of political instability. However, the central government has regularly abused the imposition of President’s Rule (Article 356), which is meant to apply for constitutional failures in the state.
Maharashtra (2019): Following a political crisis, President's Rule was established in November 2019 in Maharashtra. Despite the Shiv Sena-NCP-Congress alliance holding a majority, the Governor's decision to invite the BJP to form the government gave rise to accusations of political bias and abuse of power, with views of central government influence weakening the state's constitutional process.
3.Federal Tensions: The dual position frequently engenders conflict between the state and the central government, especially when the governing parties at both tiers are politically divergent.
Tamil Nadu (2021): Strains emerged between Governor R.N. Ravi and Chief Minister M.K. Stalin about matters such as NEET and state autonomy, accompanied by accusations of the Governor's alignment with central government policy.
4.Misuse of Discretionary Authority: The Governor's discretionary power to invite the leader of the largest party or alliance to form the government following an election has frequently been misused to benefit a particular political party.
Examples from Goa (2017), Meghalaya (2018), Manipur (2017), and Karnataka (2018) highlight the necessity of establishing appropriate checks and balances to expedite the operation of this office in the current political environment.
Way Forward
Prudent and Unbiased Function of the Governor: For the effective operation of a democratic government, it is essential that the Governor employs their discretion and judgment with fairness, impartiality, and efficiency. The Governor must operate in a manner that upholds democratic principles and guarantees transparency in decision-making.
Requirement for Checks and Balances: It is essential to include explicit checks and balances to optimize the operations of the Governor's office. This would uphold accountability and guarantee that the office fulfills its constitutional function efficiently.
Explicit Appointment Protocols and Fixed Tenure: The process for appointing Governors must be explicitly defined, and the terms of their appointment should provide a fixed duration of service. This would safeguard Governors from the excessive influence of the central government and furnish them with the stability required to operate autonomously.
Guaranteeing Autonomy of Action: It is essential to empower the office of the Governor with the requisite autonomy to act independently of the national government. This will eliminate superfluous "instructions" in the office and enable Governors to execute their responsibilities impartially.
Robust Reforms: The recommendations of the Sarkaria and Punchhi Commissions should be adhered to in their genuine essence. These commissions have offered significant reforms to enhance the Governor's position and preserve the equilibrium between state and central governments.
Conclusion
The Governor's role is essential for the effective functioning of constitutional democracy, but reforms are necessary to ensure impartiality and integrity in carrying out their duties. The government should implement the recommendations of the Sarkaria and Punchhi Commissions regarding the appointment and removal of governors. While the Supreme Court has affirmed that Governors are independent and not subordinate to the central government, there have been instances of perceived bias towards the center. To preserve the integrity of the office, Governors must impartially balance state and central authority, ensuring the free and fair functioning of democracy.
References
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