Is the institution of Governor subverting federal structure?

News: With the TN governor returning the NEET bill and running a battle between the West Bengal governor and CM highlights the inherent tension between the post of governor and elected chief minister.

What are the issues between the governor and chief minister?

Article 163 is clear that Governor is bound by the aid and advice of the council of ministers. The role of the governor, like that of the president, is only nominal. In case the governor finds legislation objectionable to Constitution, he can hold the bill for the consent of the president.

The nature of the presidential election allows him to look beyond public opinion with the constitution in mind. Yet, the role of the governor, like that of the president is only nominal.

How to handle the difference of opinion between the chief minister and governor?

The two heads can have different perspectives but should maintain the dignity of their constitutional positions. It has been seen the governor and chief ministers on social media openly expressing disagreement with each other. The consultations between the governor and CM’s should be serious and in case of conflict, the elected government should prevail.

Sometimes it may be possible that the governor and people are on the same view – as expressed by former President K R Narayanan. But even in these matters governor should not talk over the head of government or behind the government to the people.

What should be done going forward?

Talks: The best way to resolve differences is through a discussion. The differences between the two heads should be resolved privately.

Quick resolution by courts: The courts have displayed a tendency to keep the issue pending like Article 370. So, the courts should quickly resolve such constitutional matters.

Source: This post is based on the article “Is the institution of Governor subverting federal structure?” published in The Hindu on 11th February 2022.