Sambhav-2024

• In Introduction write about the governor.
• Explain the constitutional and situational discretion granted to the governor.
• Assess the repercussions of potential misuse of this office on the democratic functioning of the state.
• Provide some suggestions to bolster the accountability and impartiality of governors.
• Conclude Suitably.

The governor is the constitutional head of the state executive, appointed by the President of India, and acts on the aid and advice of the state council of ministers, except in some matters where he or she can act at his or her own discretion.

• The discretion of the governor can be classified into two types: constitutional discretion and situational discretion.
  • Constitutional discretion refers to the express discretion mentioned in the Constitution, while situational discretion refers to the implied discretion derived from the exigencies of a prevailing political situation.

The constitutional discretion of the governor includes the following:

• Reserving a bill passed by the state legislature for the consideration of the President (Article 200).
• Recommending the imposition of the President’s rule in the state on the grounds of failure of constitutional machinery (Article 356).
• Granting pardon, reprieve, or commutation of sentences in certain cases (Article 161).
• Appointing the chief minister when no party or coalition has a clear majority in the state assembly (Article 164).
• Dissolving the state assembly when the council of ministers has lost the confidence of the house (Article 174).

The situational discretion of the governor includes the following:

• Deciding the timing and manner of proving the majority of the council of ministers on the floor of the house.
• Seeking information from the chief minister on the administrative and legislative affairs of the state (Article 167).
• Withholding or delaying the assent to a bill passed by the state legislature, or returning it for reconsideration (Article 200).
• Making a report to the President regarding the affairs of the state (Article 355).

The misuse of the governor’s discretion can have serious repercussions on the democratic functioning of the state, such as:

• Undermining the federal structure and the autonomy of the state governments, by acting as an agent of the central government and interfering in the state affairs.
• Violating the rule of law and the constitutional principles, by acting arbitrarily, mala fide, or unreasonably, and disregarding the verdict of the people or the courts.
• Eroding the public trust and confidence in the institution of the governor, by acting in a partisan, biased, or corrupt manner, and favouring or harming certain parties or individuals.
• Suggestions to improve the accountability and impartiality of governors based on the recommendations of the Sarkaria, Venkatachaliah, and Punchhi commissions:
• The governor should be an eminent person in some walk of life, preferably from outside the state, and should not have any personal or political interest in the state affairs.
• The governor should be appointed by the president after consulting the chief minister of the state, the speaker of the Lok Sabha, and the vice-president of India.
• The governor should have a fixed tenure of five years and should not be removed before the expiry of the term except by impeachment by the state legislature on the grounds of violation of the constitution or gross misconduct.
• The governor should not act as an agent of the central government and should respect the autonomy and authority of the state government.
• The governor should exercise his discretionary powers only in exceptional circumstances and in accordance with the spirit of the constitution.
• The governor should not interfere in the day-to-day administration of the state and should act as a bridge between the centre and the state.
• The governor should not appoint or dismiss the chief minister or the council of ministers arbitrarily and should follow the principle of majority support in the assembly.

Conclusion

The governor’s discretion is an important and essential feature of the Indian constitutional system, that enables the governor to act as a link between the centre and the state, and to safeguard the interests of the state and the Constitution.

There is a need to reform and regulate the governor’s discretion, and to ensure that the governor acts as a neutral, impartial, and accountable constitutional functionary.