Governor

About:

• • The Chief executive head of the state under Article 153 and 154of the Constitution of India.
  • Possess both formal and discretionary powers.

Powers of governor:

Misuse of discretionary powers by governor

• • Arbitrary dissolution of assemblies: Governor in few instances have dissolved state assemblies without adequate justification, indicating political favouritism.
    • For example- In 2016, the Arunachal Pradesh Governor advanced the state assembly session, which led to a political crisis and the eventual dismissal of the government. The Supreme Court later termed it unconstitutional.
  • Misuse of Article 356: There have been instances of Governor acting prematurely and not giving sufficient time to prove majority.
    • For example– In the Uttarakhand case, Governor’s recommendation of President’s Rule was deemed unconstitutional by the High Court in 2016.
  • Appointment of Chief Minister: Governors misuse their power to appoint CM by disregarding the consent of the majority or postponing nominations to influence political outcomes.
    • For example- In Karnataka 2018, Governor the single largest party to form the government despite the coalition having a majority.
  • Withholding assent to bills (Article 200): Governors abuse their authority to withhold laws for the president’s approval sabotage constitutional checks and balances and politicise government
    • For example- In 2020, the Kerala Governor delayed giving assent to a bill passed by the state legislature.

Appointment of Governor

• • Article 155- The President appoints the Governor through aformal warrant under his hand and seal.
  • Issues:
    • Active politicians or those who have lost elections appointed as governor.
    • Appointment of retired bureaucrats which results in loss of neutrality of civil servants.
    • Appointment of ex-judges brings issue of separation of power and judicial independence.
  • Recommendation by M. M. Punchhi:
    • Clearly defined qualifications
    • Selection committee consisting of PM, CM, Vice-President, Speaker of Lok Sabha and Home Minister.

Term and removal of Governor

• • Term- Five years, but subject to the pleasure of President.
  • Removal- serves at the pleasure of the President without security of tenure, as the Constitution does not specify grounds for removal.
  • Issues:
    • Doctrine of spoils system and committed behavior
    • Office of governor seen as political office rather than constitutional office.
    • Arbitrary removal of governors
  • Recommendation by M. M. Punchhi:
    • Grounds of removal be clearly defined
    • Governor should be removed by the state legislature in the manner President is removed.

Causes of increase in conflicts between Chief Minister and Governor

• • The doctrine of committed governor and doctrine of spoils system have promoted loyalty of governor to ruling party rather than to Constitution.
  • Unitary nature of Constitution which has biasness towards centre.
  • Grey areas related to the office of governor
  • Single majority party at centre which has inclination towards centralization of power
  • Declining standards of politics
  • Politically motivated decisions by Governors like in case of Kerela, Wesst Bengal, Tmail Nadu NCT Delhi etc., have surfaced conflicts between CM and Governor.

Safeguards given by Sarkaria/MM Punchhi Commissions/case laws

Sarkaria Commission recommendations

• • The Government should follow strict guidelines while selecting Governors:
    • Must be eminent in some field.
    • Must be from outside the state.
    • Should be a detached figure, uninvolved in local politics.
    • Should not have been actively involved in politics, especially in the recent past.
  • Retiring Governors should be barred from accepting any office of profit.
  • The five-year term of Governor should not be disturbed except for extremely compelling reasons.
  • Article 356 should be used only as a last resort when all alternatives fail.
  • The Governor should consult the Chief Minister before sending reports to the President.

Punchhi Commission recommendations

• • Fixed five-year tenure, and removal should not be at the discretion of the Central Government.
  • A procedure similar to the impeachment of the President for removing Governors.
  • The Governor should decide within six months whether to grant assent to a bill or reserve it for the President’s consideration.
  • Streamlining the Role of Governor:
    • Governors should not act as Chancellors of Universities or hold other statutory positions.
    • Their role should be strictly confined to constitutional provisions.
  • Guidelines for appointment of Chief Minister in a hung assembly:
    • The party or coalition with the widest legislative support should be invited to form the government.
    • A pre-poll alliance should be treated as a single political entity, and its leader should be called to form the government if it has a majority.

2nd Administrative Reforms Commission recommendations

• • A Governor should have long experience in public life and administration and be capable of rising above party biases.
  • A Governor should not be eligible for reappointment after completing the term.
  • Retired judges should not be appointed as Governors unless they have entered public life and held elective offices.
  • The convention of consulting the Chief Minister before appointing a Governor should continue.
  • Guidelines for the Governor’s discretionary powers should be formulated by the Inter-State Council.

National Commission to Review the Working of the Constitution (NCRWC) recommendations

• • Amendment of Article 155 (Appointment of Governors):
    • A committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the concerned state should select the Governor.
  • Pre-poll Alliances: Should be treated as a single political party under the Tenth Schedule of the Constitution.

Case laws:

• • BP Singhal Case (2010):
    • President’s power to remove a Governor should not be exercised arbitrarily.
    • Removal should occur only in rare and exceptional circumstances for valid and compelling reasons.
  • R. Bommai Case (1994):
    • The Supreme Court, outlined circumstances where invoking Article 356 would be appropriate or inappropriate.
  • Nabam Rebia Judgment (2016):
    • The SC ruled that the Governor’s discretion under Article 163 is limited.
    • Decisions should not be arbitrary and must be based on reason, good faith, and caution.