GOVERNOR VS STATES
- The Indian Constitution outlines the framework for appointing a Governor. According to Article 153, each state must have a Governor. Article 155 provides that the Governor is appointed by the President through an official warrant bearing the President's signature and seal.
- As per Article 156, although the Governor typically serves a five-year term, they remain in office at the discretion of the President.
- This means that the President can ask the Governor to resign before the term ends. However, since the President acts based on the counsel of the Prime Minister and the Union Cabinet, it is effectively the central government that controls both the appointment and removal of a Governor.
- Articles 157 and 158 describe the eligibility criteria and terms for holding the office. The Governor must be an Indian citizen and at least 35 years old.
- Additionally, the individual must not be a sitting member of either Parliament or any state legislature, and cannot hold any position that offers financial gain
- The Constitution mandates that the Governor must generally act in accordance with the advice provided by the state's Council of Ministers. Article 163 clarifies this by stating that a Council of Ministers, led by the Chief Minister, shall assist and guide the Governor in carrying out his duties—except in cases where the Constitution allows the Governor to act independently at his discretion.
- Furthermore, the Governor holds constitutional authority to summon, prorogue, or dissolve the State Legislative Assembly. However, these powers are to be exercised only after consulting the Council of Ministers.
- In his role as the ceremonial head of the state, the Governor also holds several important responsibilities, such as appointing the Chief Minister, members of the Council of Ministers, the Advocate General, the State Election Commissioner, heads of state universities, and members and the Chairman of the State Public Service Commission, among others
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The Constitution grants the Governor certain legislative powers, including the authority to approve or reject a Bill passed by both Houses of the State Legislature. Article 200 outlines the choices available to the Governor:
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Approve the Bill,
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Withhold approval,
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Send it back to the Legislature for reconsideration (provided it is not a Money Bill), or
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Forward the Bill to the President for a decision.
While the proviso to Article 200 mentions that the Governor should return the Bill "as soon as possible," it does not define a specific time frame, which has occasionally led to significant delays.
To address such delays, the Supreme Court recently issued clear, time-bound directions for Governors regarding action on Bills:
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Assent must be given within one month,
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The Governor cannot withhold assent against the advice of the Council of Ministers,
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If returning the Bill, it must be done within three months,
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If the Governor chooses to reserve the Bill for the President, this must also be done within three months, and
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Should the Legislature pass the Bill again after reconsideration, the Governor is required to grant assent within one month.
The powers, responsibilities, and overall role of the Governor have frequently come under review, drawing attention from both central government-appointed committees and the Supreme Court of India.
Starting with the Administrative Reforms Commission in 1969 and extending to the Punchhi Commission in 2007, numerous expert bodies set up over the years have proposed comprehensive reforms concerning various aspects of the Governor's office, including the method of appointment, scope of authority, duration of tenure, procedure for removal, and other related issues
The Sarkaria Commission, in its 1988 report on Centre-State relations, proposed reforms concerning the Governor's role, especially in the context of Articles 200 and 201 of the Constitution.
The National Commission to Review the Working of the Constitution (2001), chaired by M.N. Venkatachaliah and initiated during Prime Minister Atal Bihari Vajpayee’s tenure, noted that Governors often function as representatives of the Central Government, leading to perceptions of bias and political controversy in their decisions.
In 2007, the Punchhi Commission re-evaluated the Centre-State dynamic and recommended that a Governor should be appointed only after consulting the Chief Minister of the respective state. It also emphasized the importance of prompt action by the Governor on legislative bills.
Over time, the impartiality of the Governor’s office has been questioned, prompting judicial intervention. The Supreme Court has, through a series of landmark judgments, clarified the scope and limitations of the Governor’s powers:
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Shamsher Singh vs State of Punjab (1974): The court ruled that the Governor must act based on the advice of the Council of Ministers.
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Raghukul Tilak vs State of Haryana (1979): The judgment emphasized that Governors are not subordinate to the Centre, but occupy a vital constitutional role within the state.
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S.R. Bommai vs Union of India (1994): A milestone ruling, it held that the Governor’s recommendation for imposing President’s Rule under Article 356 must be backed by a floor test, and such decisions are open to judicial review.
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Rameshwar Prasad vs Union of India (2006): Addressing the dissolution of the Bihar Assembly, the Supreme Court stated that the Governor’s personal opinion cannot justify invoking President’s Rule in a state.
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For Prelims: Governor, Center-state relations, Article 200 For Mains:
1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words)
2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words)
3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections. (250 Words)
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Previous Year Questions
1. With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019)
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
2. Consider the following statements: ( UPSC 2018) 1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 3.Which of the following are the discretionary powers given to the Governor of a State? (2014)
1. Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
2. Reserving certain bills passed by the State Legislature for consideration of the President of India
3. Making the rules to conduct the business of the State Government
Select the correct answer using the code given below. A. 1 and 2 only B. 1 and 3 only C. 2, 3 and 4 only D. 1, 2, 3 and 4
4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
Answers: 1-C, 2-C, 3-B, 4-C
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