GOVERNOR'S POWER

1. Context

2. About Governor

• Part VI of the Constitution deals with the states and lists out the role and responsibility of the Governor 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 in accordance with this Constitution (Article 154).
• Governor performs the same duties as of President, but as the executive head of a 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
  - Constitutional head of state; and
  - Link between Union and State governments.
• His dual role makes him a key functionary in the Indian Constitutional system.

3. Powers of Governor

• Under Article 161 the Governor has the following powers –the power to grant pardons, reprieves, respites, or remissions of punishment; the power to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
• The Governor makes all executive decisions on behalf of the state government (Article 166(1)).
• The Governor appoints the Chief Minister and other cabinet members. They serve at the pleasure of the Governor (Article 164).
• He may create rules for the efficient execution of a state government's work and its distribution among the ministers. (Article 166(3))
• He appoints the state's advocate general and determines his tenure and conditions of service.
• He has the authority to recommend to the President the declaration of a state of constitutional emergency.
• He may request from the Chief Minister any information about the administration of the state's affairs, as well as legislative suggestions (Article 167).
• The governor appoints the state election commissioner and establishes his term of office and working conditions (Article 243K).

4. Friction points between the States and Governor

• In recent years. these have been largely about the selection of the party to form a government, the deadline for proving the majority, sitting on Bills, and passing negative remarks on the state administration.
• Kerala’s government was dismissed based on a report by the Governor. Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.
• Kerala Governor in 2020 turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.
• In 2018 J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government. This paved the way for the Centre to later bifurcate the state into two Union territories, by considering the Governor as the government.
• In 2019 Maharashtra Governor quietly invited the BJP leader and administered his oath as CM. This government lasted just 80 hours. Six months later, the governor refused to nominate CM to the Legislative Council.
• Following the Karnataka polls in 2018, Governor Vajubhai Vala invited the BJP to form the government and gave B S Yeddyurappa 15 days to prove the majority. Challenged by Congress and JDS in the Supreme Court, it was reduced to three days.

5. Reasons for the friction between the Governor and the state governments

• There is no provision for impeaching the Governor, who is appointed by the President on the Centre's advice. While the Governor has a 5-year tenure, he can remain in office only until the pleasure of the President.
• There are no guidelines for the exercise of the Governor's powers, including for appointing a CM or dissolving the Assembly. There is no limit set for how long a Governor can withhold assent to a Bill.
• According to the Constitutional expert, although the Constituent Assembly envisaged the governor to be apolitical. But the truth is, politicians, become Governors and then resign to fight elections.
• The CM is answerable to the people. But the Governor is answerable to no one except the Centre. This is the fundamental defect in the Constitution.

6. Reforms Suggested

Several Panels, the Administrative Reforms Commission of 1968 and the Sarkaria Commission of 1988 have recommended reforms such as 

• selection of the Governor through a panel comprising the PM, the Home Minister, the Lok Sabha Speaker, and the CM.
• Apart from fixing his tenure for five years
• Recommendations have also been made for a provision to impeach the Governor by the Assembly. 

For Prelims & Mains