GOVERNOR

1. Context

2. Background

• Part VI of the constitution deals with the states and lists out the role and responsibility of the Governors of states.
• Article 153 provides for a Governor of every state and is the constitutional head of the state.
• The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him by this Constitution (Article 154).
• Governor performs the same duties as of president, but as the executive head of the state; the work remains the same as of the office of the President of India.
• A governor is a nominated head and not an elected representative.
• Dual Role of the Governor as head and representative-1. Constitution head of the state; and 2. The link between Union and State governments.
• His dual role makes him a key functionary in the Indian Constitutional system.

3. Appointment and Eligibility for the post Governor

Articles 157 and 158 specify eligibility requirements for the post of governor.

Eligibility of governor:

1. Must be a citizen of India

2. He must be at least 35 years of age.

3. Not be a member of either house of the parliament or any state legislature.

4. Not hold any office of profit

The governor of a state shall be appointed by the President (Article 155).

Reasons for the nomination of governor instead of election:

The nominated governor will promote all-India unity and not separatist provincial tendencies. An elected governor will belong to a party, hence, will not be impartial and neutral. Conflicts will arise between CM and Governor if both are elected by the People.

4. Removal of Governor

As he holds the office at the pleasure of the president, a Governor can not be impeached. No specified grounds exist for removal.

Their term is terminated on the following occasions-

Dismissal by the President on the advice of the Council of Ministers headed by the prime minister of the country. Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional and mala fide. Resignation handed in by Governor.

5. Governor-state Relations

The Governor enjoys certain power granted under the Constitution, such as giving or withholding assent to a Bill passed by the state legislature, assenting to the convening of the state legislative assembly, determining the time needed for a party to prove its majority, and which party must be called first do so, generally after a hung verdict in an election.

 5.1 What happens in the case of disagreements?

There are no provisions laid down in the constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other's boundaries.

5.2 What courts have Said?

• In Surya Narain Choudary vs Union of India (1981), the Rajasthan High Court held that the pleasure of the president was not justiciable, the Governor had no security of tenure and can be removed at any time by the President withdrawing pleasure.
• In BP Singhal vs Union of India (2010), the supreme court elaborated on the pleasure doctrine. It upheld that "no limitations or restrictions are placed on the 'at pleasure' doctrine", but that it "does not dispense with the need for a cause for withdrawal of the pleasure".
• In its judgment, the Bench, while noting that the president can remove the Governor from office "at any time without assigning any reason and without giving any opportunity to show cause", the power to remove can't be exercised in an "arbitrary, capricious or unreasonable manner".

6. What various commissions have said?

• Over the years, several panels and commissions have recommended reforms in how Governors are appointed and how they function, such as the Administrative Reforms Commission of 1968, The Sarkaria commission of 1988, and the National Commission to review the working of the constitution, headed by the retired CJI M N Venkachaliah, in 2001.
• The Sarkaria Commission had recommended that Governors are not sacked before completing their five-year tenure, except in "rare and compelling" circumstances. Recommendations have also been made for a provision to impeach the Governor by the Assembly. However, none of these have been implemented.