Lines and roles: On Governors

News: Recently, Kerala witnessed tussle between Governor, Arif Mohammed Khan and Kerala CM Pinarayi Vijayan. These confrontations are very common in different states.

The major source of conflict among these 2 offices is the way they understand their own powers. The problems arise due to the ways they understand their own powers.

How powers of Governors are balanced by Constitution?

Powers of the governor are limited by the ‘aid and advice’ clause, given in the constitution.

A Constitution Bench of the Supreme Court laid down in 1974 that the President and Governor shall “exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.

Exceptional situations are also illustratively listed

What are the issues linked to powers of Governors?

Some Governors are using the discretionary powers available to them to control the state governments.

There have been many instances of some Governors not acting upon requests to grant clemency or assent to Bills. For instance, in Tamil Nādu, governor showed the reluctance to reserve the bill for President’s consideration, even though the bill expressly required so.

What are the sources of this conflict?

Firstly, Article 163 empowers Governors to choose what is in their discretion and what is not.

Second, the Constitution does not set any time frame for Governors to act on the requests of state government.

Third, Constitution bars Courts from enquiring into acts of Governors.

Fourth, the Sarkaria Commission on Centre-State relations also recommended not to change this scheme.

What are the suggestions?

Provisions relating to the Governor’s role should be amended to make the following changes:

• Identifying areas of discretion,
• fixing a time-frame for them to act, and
• Cabinet advice should be mandatory to act upon in dealing with Bills.

M.M. Punchhi Commission’s recommendation of ending the practice of burdening Governors with the office of Chancellor in universities should be implemented.

Source: This post is created based on the article “Lines and roles: On Governors” published in The Hindu on 3rd March.