GOVERNORS AND THEIR ROLE
1. Context
Kerala Governor who is locked in a standoff with the elected government on a range of issues including appointments to the state-run Kerela University has threatened to sack ministers who "lowered the dignity" of his office.
2. Role of the Governor in the Parliamentary System
- The position, role, powers, and conditions of office of the Governor are described in Articles 153-161 of the Constitution. The Governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head).
- Being the head of the state's executive power, he acts on the advice of the council of ministers, barring some matters. The council of ministers, in turn, is responsible to the state legislature.
- Being appointed by the President, the governor acts as a vital link between the Union and the state governments. The governor appoints the Chief Minister and the Council of Ministers.
- The post was envisaged as being apolitical; however, the role of the Governor has been a contentious issue in Centre-State relations for decades.
- The Governor enjoys certain powers such as giving or withholding assent to a Bill passed by the state legislature or determining the time needed for a party to prove its majority or which party must be called first to do so, generally, after a hung Assembly-which have been weaponized by successive central governments against the political opposition.
3. Does Governor have the power to remove a Minister?
- Article 164(1) says state "Ministers shall hold office during the pleasure of the Governor".
- However, constitutional experts say the governor cannot remove a minister in their capacity without obtaining the sanction of Chief Minster or consulting with the latter.
- If a Governor removes a minister in their capacity, that will result in 'parallel governance'.
- Only when the Chief Minister allows it, then the Governor empowered to remove the minister.
4. What does the "Pleasure" of the Governor mean?
The pleasure of the Governor does not mean the Governor has the right to dismiss the Chief Minister or ministers at will.
The Governor can have his pleasure as long as the government enjoys a majority in the House. The Governor can withdraw his pleasure only when the government loses the majority but refuses to quit. Then he withdraws the pleasure and dismisses it.
5. Recommendations of various Commissions on Governors:
5.1 Sarkaria Commission (1983)
- The commission was set up to look into center-state relations. It has proposed various additional criteria for appointing someone to the Governorship.
- It proposed that the Governors be appointed after effective consultation with the state chief minister and the Vice President and Speaker of the Lok Sabha should be consulted by the PM before his/her selection.
5.2 National Commission to Review the working of the Constitution (2000)
- The commission recommended significant changes in the selection of Governors.
- The Commission suggested that the "Governor of a state should be appointed by the President, after consultation with the Chief Minister of the State".
5.3 Punchi Commission (2007)
- The Commission proposed that a committee comprising the Prime Minister, Home Minister, Vice President, Speaker, and the concerned Chief Minister should choose the Governor.
- It further recommended deleting the "Doctrine of Pleasure" from the constitution but backed the right of the Governor to sanction the prosecution of ministers against the advice of the state government.
- It also argued for a provision for the impeachment of the Governor by the state legislature.
6. Important Judgements w.r.t. appointment/removal of Council of Ministers:
6.1 Shamsher Singh & Anr vs State of Punjab (1974)
- The Supreme court held that the President and Governor shall exercise their formal constitutional powers only upon and by the advice of their Ministers except in a few well-known exceptional situations.
- The court also added that even in case the Prime Minister/Chief Minister ceases to command the majority in the House Or the government loses the majority but refuses to quit office Or for "the dissolution of the House where an appeal to the country is necessitous".
- The Head of the state (President/Governor) should avoid getting involved in politics and must be advised by the Prime Minister(Chief Minister) who will eventually take responsibility for the step.
6.2 Nabam Rebia, Etc. vs Deputy Speaker And Ors (2016)
The Supreme court cited the observations of B R Ambedkar -
"The Governor under the constitution has no function which he can discharge by himself; no functions at all. While he has no functions, he has certain duties to perform, and I think the House will do well to bear in mind this distinction."
For Prelims & Mains
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For Prelims: Governor, Article 164(1), Chief Minister, Council of Ministers, President, Impeachment, Doctrine of Pleasure, Punchi Commission, Sarkaria Commission.
For Mains: 1. Explain the role of the Governor in a parliamentary system and discuss the various recommendations about the functioning of the Governor. (250 Words)
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Source: The Indian Express
