70^th BPSC Mains

Approach Briefly introduce the answer with the constitutional position of Governor. Elaborate the issues with the post of Governor. Mention the remedies given by court judgements or committees. Conclude suitably.

Introduction

The Governor, as per Articles 153 to 167 in Part VI of the Constitution, is the nominal executive head of a state, discharging both constitutional and ceremonial functions. However, due to his dual role, as the constitutional head of the state and as an agent of the Centre, the office has frequently become a site of political friction and controversy, particularly when different parties rule the Centre and the state.

Body

Issues Associated with the Functioning of the Governor’s Office

• Excessive Use of Discretionary Powers: Under Article 163, the Governor can act on discretion in certain matters, but this has been misused.
  • In Karnataka (2018), the Governor invited a party with fewer MLAs to form the government, raising questions about political bias.
• Delays in Assent to Bills: Under Article 200, there is no timeline for the Governor to give assent.
  • In Tamil Nadu, key bills including NEET exemption bills were pending for months, impacting state policy.
    • Similar delays have been observed in Punjab, affecting university-related bills and administrative decisions.
• Misuse of Article 356 (President’s Rule): The Governor’s report forms the basis for imposing President’s Rule.
  • Historical misuse, as in Andhra Pradesh (1984) and Arunachal Pradesh (2016), undermines cooperative federalism.
• Interference in Day-to-Day Administration: In West Bengal, the Governor’s public criticisms and intervention in state affairs led to frequent constitutional confrontations, disturbing the federal balance.
• Controversial Role in Hung Assemblies: In cases of no clear majority, the Governor’s role becomes pivotal.
  • In Maharashtra (2019), the midnight swearing-in of a CM questioned the neutrality of the office.
• Burdened with Non-Constitutional Roles: In states of Bihar and Kerala, as in many states, Governors also serve as Chancellors of state universities, which often leads to conflict with the elected state government on appointments and policies.

Measures to Ensure Impartiality and Accountability

• Transparent and Consultative Appointments: As per the Sarkaria Commission, the Chief Minister should be consulted before appointing a Governor, to ensure political neutrality.
• Reasonable Time Limit for Bill Assent: A constitutional amendment or parliamentary law should fix a time limit under Article 200 to avoid indefinite delays in bill assent.
• Limiting Discretionary Powers: As held in Shamsher Singh v. State of Punjab (1974) and reiterated in Nabam Rebia (2016), the Governor must act on the aid and advice of the Council of Ministers in most matters.
• Avoid Burdening with University Roles: The Punchhi Commission recommended discontinuing the practice of making Governors Chancellors, separating academic administration from political processes.
• Codifying Constitutional Conventions: Clear guidelines must be framed regarding appointment, tenure, and discretionary powers, to ensure predictability and fairness.
• Accountability through Legislative Oversight: Governors should be mandated to explain delays or discretionary decisions before a House Committee if questioned.

Conclusion

The Governor, as a constitutional authority, must function in a neutral, apolitical, and consultative manner, upholding the spirit of federalism. Ensuring transparency in appointments, limiting discretionary misuse, and promoting constitutional morality are essential to restore public trust in this office. Only through such measures can the Governor’s role align with the true intent of India’s parliamentary democracy and cooperative federalism.