The Indian Constitution envisions a Parliamentary system of administration in the States, similar to that of the Centre. The Government of the States is dealt with under Part VI of the Constitution in which Articles 153 to 167 deal with the State executive. The Governor, the Chief Minister, the Council of Ministers, and the State’s Advocate General make up the State executive. There is no vice-governorship (in the state) comparable to the Vice-Presidentship at the Union level.
Table of Contents
- Role of Governor
- Power of Governor
- Controversies Related
- Recommendations to Avoid
- Conclusion
Role of Governor
- The Governor is the State’s chief executive head. But, like the President, he/she is only a ceremonial head of State (titular or constitutional head).
- In addition, the Governor serves as a representative of the Union Government. Thus, the Governor’s office serves a dual purpose.
- Normally, each State has its own Governor, but the 7th Constitutional Amendment Act of 1956 made it easier to appoint the same individual to serve as Governor of two or more States.
Powers of Governor
The State’s Governor will have executive, legislative, financial, and judicial powers. He does not, however, have the diplomatic, military, or emergency powers like India’s President possesses.
Executive Powers
- In the name of the Governor, the council of ministers exercises the executive functions. As a result, the Governor is simply a ceremonial head, while the Council of Ministers is the real executive.
- He/she is the State’s constitutional head and picks the majority party’s leader as the Chief minister.
- He/she can ask the Chief Minister for any information that he/she wants.
- The Governor appoints the State’s Attorney General, chairman, and members of the State Public Service Commission.
- He/she has the authority to recommend to the President that a constitutional emergency be declared in the State.
- As an agent of the President, the Governor has significant executive powers during the President’s administration in the State.
Legislative Powers
- The Governor is part of the State Legislature and no bill cannot become a law until he/she signs it.
- He/she can withhold a bill and send it to the President for consideration.
- He/she can also dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
- He/she causes the annual Budget to be presented in the State Legislative Assembly.
Judicial Powers
- The Governor appoints the district judges and is consulted in the appointment of the judges of the High Court by the President.
- He/she can, pardon, remit and commute the sentence of a person convicted by a State court.
Financial Powers
- He/she causes the annual budget to be laid before the State Legislative Assembly.
- No money bill can be introduced in the State Legislative Assembly without the Governor’s prior approval.
Discretionary Powers
The Governor has the following discretionary powers:
- If no party receives an absolute majority, the Governor can choose the Chief Minister at his/her discretion.
- In an emergency, he/she can override the advice of the council of ministers and in such situations, he/she acts as the President’s agent and becomes the true ruler of the State.
- He/she utilizes the discretionary authority to submit a report to the President on the State’s activities.
- He/she can also withhold assent to a bill and refer it to the President for approval.
Controversies
Controversies Related to Governor’s Role
- Abuse of Power by the Centre: There have been numerous instances of the Governor’s position being abused, usually at the request of the Centre’s ruling party. The procedure of appointment has been the root of the problem in most cases.
- Biased Ideology: The central government has appointed politicians and former bureaucrats who identify with a particular political ideology as Governors in several cases. It is contrary to the constitutionally mandated neutral seat and appears to have resulted in bias, as seen in Karnataka and Goa.
- Puppet Rulers: The Governor of Rajasthan has recently been charged for breaking the model code of conduct. His support for the ruling party goes against the ethos of non-partisanship that is demanded of those in positions of power under the Constitution. As a result of these instances, derogatory labels such as “agent of the Centre,” “puppet,” and “rubber stamps” are used to criticize state governors.
- Favoring a Particular Political Party: The governor’s discretionary powers to ask the leader of the largest party/alliance to form the government after an election have frequently been abused to favor one political party over another.
- Misuse of Power: A Governor’s request for President’s Rule (Article 356) in a state has not always been based on ‘objective material,’ but rather on political whim or fancy.
Avoid Controversies
Recommendations to Avoid Controversies
- On Appointment and Removal of Governor: A provision for the Governor’s impeachment by the State Legislature was recommended by the Punchhi commission in 2010.
- On the Use of Article 356: According to the Punchhi Commission, Articles 355 and 356 should be modified.
– The Sarkaria Commission (1988) suggested that Article 356 be utilized only in exceptional circumstances where it is unavoidable to restore the state’s constitutional machinery.
– The Administrative Reforms Commission (1968), the Rajamannar Committee (1971), and the Justice V.Chelliah Commission have all made recommendations.
- On Dismissal of State Government under Article 356: S.R. Bommai Judgement (1994) put an end to the hostile Central Government’s arbitrary removal of State Governments. The court concluded that only the floor of the Assembly, not the Governor’s subjective view, should be used to test the majority of the government at the time.
- On Discretionary Powers: In the Nabam Rebia Judgment (2016), the Supreme Court found that the Governor’s power under Article 163 is limited and that his actions should not be arbitrary or whimsical.
Conclusion
People may believe that the position of Governor is pointless and a financial burden on State Governments. However, the Governor’s duty is critical and he/she acts as a link between the Union and State Governments. The Governor must ensure that a stable administration is established in the State, as well as investigate the legal legitimacy of laws issued by the State Legislature, etc. As a result, the post of Governor is necessary for the good functioning of democracy, even if it has been reduced to a retirement package for politicians.
