{"id":276763,"date":"2024-01-08T19:00:29","date_gmt":"2024-01-08T13:30:29","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=276763"},"modified":"2024-01-08T18:23:51","modified_gmt":"2024-01-08T12:53:51","slug":"issues-related-to-the-office-of-governor-explained-pointwise","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/issues-related-to-the-office-of-governor-explained-pointwise\/","title":{"rendered":"Office of Governor- Issues and Suggested Reforms- Explained Pointwise"},"content":{"rendered":"

The role, powers, and discretion of the Office of Governor<\/span> have been the subject of Constitutional, Political, and Legal debate for decades. The relationship between the Office of Governor and the elected Government<\/span> has been strained and tense in multiple States in recent times<\/span>. The recent political controversies between Governors and State Government pose challenge to the functioning of the federal structure as envisaged in the Constitution. These also tarnish the standing of the dignified Constitutional post.<\/p>\n

\"Office
Created By Forum IAS<\/figcaption><\/figure>\n\n\n\n\n
Table of Contents<\/strong><\/td>\n<\/tr>\n
What are the recent controversies associated with the office of Governor?<\/a>
\nWhat is the history and rationale behind the office of Governor?<\/a>
\nWhat are some of the important Constitutional Provisions Related to the office of Governor?<\/a>
\nWhat are the Issues Related to the Post of Governor in India?<\/a>
\nWhat are the Constitutional Reforms suggested by Various Committees and Supreme Court?<\/a>
\nConclusion<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What are the recent controversies associated with the office of Governor?<\/strong><\/span><\/h2>\n\n\n\n\n\n\n\n\n
Tamil Nadu<\/strong><\/td>\nGovernor refusing to read some parts of the Governor’s address which is prepared by the State govt.
\nGovernor withholding the assent to the NEET Bill<\/span> to exempt TN from NEET<\/td>\n<\/tr>\n
West Bengal<\/strong><\/td>\nGovernor and state govt face off after the WB Assembly passed a Bill paving the way for making the Chief Minister the Chancellor of State Universities replacing the Governor from the position.<\/span><\/td>\n<\/tr>\n
Kerala<\/strong><\/td>\nGovernor touring the state without any previous announcements.
\nGovernor’s warning of action against the individual ministers<\/span> that lower the dignity of the office of the Governor.
\nDispute with state government over the approval of Bills.<\/td>\n<\/tr>\n
Jharkhand<\/strong><\/td>\nThe Governor didn\u2019t act on the advice of the Election Commission of India<\/span> to disqualify the Chief Minister of Jharkhand for violation of electoral norms. This resulted in prolonged political uncertainity in the state.<\/td>\n<\/tr>\n
Maharastra<\/strong><\/td>\nThe Governor hastily removed the Governor’s rule and administered oath to a CM who lacked majority support<\/span>.<\/td>\n<\/tr>\n
Rajasthan<\/strong><\/td>\nThe Governor inordinate delay in convening the assembly session<\/span> for the government to prove its majority.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What is the history and rationale behind the office of Governor?<\/strong><\/span><\/h2>\n\n\n\n\n
Pre Independence<\/strong><\/td>\nGovernment of India Act 1858-<\/span><\/strong> Provincial Governors were agents of the crown, functioning under the supervision of the Governor-General.
\nGovernment of India Act 1935-<\/strong>\u00a0 The governor was now to act in accordance with the advice of Ministers of a province\u2019s legislature, but retained special responsibilities and discretionary power.<\/td>\n<\/tr>\n
Post Independence<\/strong><\/td>\nThe Office of the Governor was retained Post Independence. Governor was envisaged to be the Constitutional Head of a state. However, the Governor retained special responsibilities and discretionary power.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What are some of the important Constitutional Provisions Related to the office of Governor?<\/strong><\/span><\/h2>\n\n\n\n\n\n\n\n\n
Article 153<\/strong><\/td>\nProvides that there shall be a Governor for each state. One person can be appointed as Governor for two or more states.<\/td>\n<\/tr>\n
Article 155<\/strong><\/td>\nThe Governor of a State shall be appointed by the President by warrant under his hand and seal.<\/td>\n<\/tr>\n
Article 156<\/strong><\/td>\nThe Governor shall hold office during the pleasure of the President.<\/td>\n<\/tr>\n
Article 161<\/strong><\/td>\nPower to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence in matters of crime where the state legislature has power to make laws.<\/td>\n<\/tr>\n
Article 163<\/strong><\/td>\nProvides Discretionary Powers which include-
\n1. Appointment of a chief minister when no party has a clear majority in the state legislative assembly.
\n2. In times of no-confidence motions.
\n3. In case of failure of constitutional machinery in the State (Article 356).
\n4. The power to withhold assent to a Bill and reserve a Bill for Consideration of President. (Article 200 and 201).<\/td>\n<\/tr>\n
Article 361<\/strong><\/td>\nThe Governor of a State, shall not be answerable to any court for the exercise and performance of the powers and duties.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What are the Issues Related to the Post of Governor in India?<\/strong><\/span><\/h2>\n

1. Affiliation Based Appointment-<\/strong> Politicians and former bureaucrats affiliated with the ruling party have been appointed in several instances as Governors. This has led to questions about<\/span> the post’s impartiality and non-partisanship<\/span>.<\/p>\n

2. Arbitrary Removal of Governors-<\/strong> There are no written grounds or procedures for removing governors<\/span>. This leads to arbitrary removals especially when there is change of political power at the Union Govt. level.<\/p>\n

3. From Centre\u2019s Representative to Centre\u2019s Agent-<\/strong> The governors have become the \u2018agents of the Centre<\/span>\u2019 as they are appointed and removed by the Central Government.<\/p>\n

4. Governor recommending President’s Rule-<\/strong> The discretionary power of governor recommending president’s rule on account of the failure of constitutional machinery in the state has has not always been based on ‘objective material’. Political partisanship, whims and fancies have also played their part<\/span>.<\/p>\n

5. No Clear Distinction Between Constitutional and Statutory Role-<\/strong> The constitutional mandate of the Governor to act on advice of the council of ministers is not clearly distinguished from his statutory authority as chancellor<\/span>. This has resulted in many conflicts between the governor and the state government. For ex-<\/span> The was a recent appointment of a Vice Chancellor in a university by the Kerala Governor, bypassing government nominations has caused a conflict.<\/p>\n

6. Misuse of Discretionary power of appointment of CM-<\/span><\/strong> The Office of governor has been accused of playing a partisan role in the appointment of CM<\/span> in cases where a single party lacks the majority.<\/p>\n

7. Convening and Dissolution of Assembly-<\/span><\/strong> The Office of Governor has been associated with the politics of delay in the convening and dissolution of state legislative assembly<\/span>.<\/p>\n

8. Delay in giving assent to the Bills-<\/strong> There is no time limit set<\/span> for how long a Governor can withhold assent to a Bill. This has been misuded by the Office of the Governor to withhold assents to Bills passed by the State legislative Assemblies.<\/p>\n\n\n\n
Read More- The Issue of Governors Withholding Assent to Bills<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What are the Constitutional Reforms suggested by Various Committees and Supreme Court?<\/strong><\/span><\/h2>\n

Various Rulings of the Supreme Court arranged in Chrnological Order-<\/strong><\/p>\n

1. Shamsher Singh vs. State of Punjab(1974)-<\/strong> The Supreme Court held that the Governor is bound to act in accordance with the aid and advice of the Council of Ministers headed by the Chief Minister.<\/span> Article 154(1) makes it clear that the executive power of the State is vested in the Governor, but shall be exercised by him in accordance with the Constitution.<\/p>\n

2. SR Bommai vs. Union of India (1994)- <\/strong>The case was concerned with the use of Article 356<\/span> and the Governor\u2019s power to dismiss a State Government. The Supreme Court ruled that whether the State Government has the majority should be tested on the floor of the House. It shouldn\u2019t be based on the subjective assessment of the Governor<\/span>.<\/p>\n

3. Rameshwar Prasad vs. Union of India (2006)-<\/strong> The Supreme Court held the Governor\u2019s decision to dissolve the Assembly as unconstitutional and mala fide. Motivated and whimsical conduct of the Governor<\/span> in recommending president’s rule is amenable to judicial review<\/span>.<\/p>\n

4. BP Singhal vs Union of India (2010)-<\/strong> The SC held that the removal of Governor cannot be based on arbitrary, capricious or unreasonable grounds<\/span>.<\/p>\n

5. Nabam Rebia vs. Deputy Speaker (2016)-<\/strong> The Governor had went against the advice of the State Cabinet and called the session of the Legislative Assembly at an earlier date (against the recommended date). The SC confirmed that the Governor does not enjoy broad discretionary powers and is always subject to Constitutional standards<\/span>. The Court concluded that the Governor\u2019s discretion did not extend to the powers conferred under Article 174 (Article 174 is related to the Sessions of the State Legislature, prorogation and dissolution). Hence, the Governor could not summon the House, determine its legislative agenda or address the legislative assembly without consultation.<\/p>\n

Recommendations of Various Commissions in Chronological Order
\n<\/strong><\/p>\n

1. The Administrative Reforms Commission (1969)-<\/strong> The Commission recommended that non-partisan persons having long experience in public life and administration<\/span> should be appointed as the Governors of a State.<\/p>\n

2. Sarkaria Commission (1988)-<\/strong>
\n(a) Appointment of Governor-<\/strong>
\n(i) The Governor should be appointed after consultations with the Chief Minister of the State<\/span>
\n(ii) The Governor should be eminent in some walk of life<\/span> and from outside the State
\n(iii) The person should be a detached figure<\/span> without intense political links, or should not have taken part in politics in the recent past
\n(iv) The person should not be a member of the ruling party<\/p>\n

(b) Removal of Governor-<\/strong>
\n(i) The Governor should be removed before the end of the term (5 years) only on the grounds if doubts are raised about his morality, dignity, constitutional propriety<\/span> etc.
\n(ii) In the process of removal before the end of the term, the State Government may be informed and consulted<\/p>\n

(c) Use of Article 356-<\/strong>
\nThis article should be used very sparingly and as a matter of last resort.<\/span><\/span> It can be invoked only in the event of political crisis, internal subversion, physical breakdown, and non-compliance with the Constitutional directives of the Centre.<\/p>\n

3. National Commission to Review the Working of the Constitution (NCRWC), 2002-<\/strong> The Governor should be appointed by a Committee<\/span> comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the State concerned.<\/p>\n

4. The Second Administrative Reforms Commission (ARC), 2008-<\/strong> The Inter-State Council needs to come up with some guidelines<\/span> for governors to follow when they are using their discretionary power.<\/p>\n

5. Punchhi Commission (2010)<\/strong>–
\n(a) It proposed giving Governors a fixed term of 5 years<\/span> and removing them through an impeachment process<\/span> (similar to that of the President) by the State Legislature. The doctrine of pleasure (for removal of Governors) should be deleted
\n(b) It reiterated the recommendation of the Sarkaria Commission<\/span> regarding appointment of Governors. The person shouldn\u2019t be active in politics
\n(c) The convention of making the Governors as chancellors of universities should be done away with
\n(d) Article 355 and 356 should be amended<\/span> to allow the Union Government to bring specific troubled areas under its rule for a limited period, instead of the whole State.<\/p>\n

<\/a>Conclusion<\/strong><\/span><\/h2>\n

The Governor\u2019s discretion and Constitutional mandate should be guided by certain \u2018norms and principles\u2019, which can be defined in a \u2018Code of Conduct\u2019<\/span>. Discretion must be a decision that is guided by reason, motivated by good faith, and temperated by caution. Certain codification can be undertaken regarding discretionary powers<\/span> like determining the areas in which they have discretion, establishing a time frame within which they must act, and stating unequivocally that they are required to follow the advice of the Cabinet when dealing with Bills etc.<\/p>\n\n\n\n
Read More-<\/strong> The Hindu<\/a>
\nSyllabus-<\/strong> GS II, Issues and challenges pertaining to the federal structure; GS II, Structure, organization and functioning of the Executive; GS II, Appointment to various Constitutional posts.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

The role, powers, and discretion of the Office of Governor have been the subject of Constitutional, Political, and Legal debate for decades. The relationship between the Office of Governor and the elected Government has been strained and tense in multiple States in recent times. The recent political controversies between Governors and State Government pose challenge… Continue reading Office of Governor- Issues and Suggested Reforms- Explained Pointwise<\/span><\/a><\/p>\n","protected":false},"author":10357,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,1],"tags":[],"class_list":["post-276763","post","type-post","status-publish","format-standard","hentry","category-7-pm","category-uncategorized","entry"],"jetpack_featured_media_url":"","views":{"total":116,"cached_at":"","cached_date":1704753969},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/276763","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10357"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=276763"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/276763\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=276763"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=276763"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=276763"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}