Does India really need state Governors? 

Source:The Indian Express

For Prelims: Government of India Act of 1858, Government of India Act of 1935, Part VI of the Constitution, Article 155 of the Constitution

Historical figures: 

1.K T Shah

2.Biswanath Das

3.BK Nehru

4.K.M. Munshi

5.B.N. Rau

6.Alladi Krishnaswami Ayyar

Important cases: 

1.Shamsher Singh v State of Punjab(1974)

2.S.R.Bommai (1994)

3.Rameshwar Prasad (Bihar Assembly Dissolution Case of 2006)

4.Nabam Rebia (Arunachal Assembly Case of 2016)

Important commissions:

1.The Administrative Reforms Commission (ARC) 1969

2.The Sarkaria Commission 1983 

3.The Punchhi Commission  2010 

4.The National Commission to Review the Working of the Constitution (NCRWC) 2001 

(Justice Venkatachaliah Commission) 

For Mains: Governor - Centre State Relations

Highlights of the Article:

• The recent action taken by the Tamil Nadu Governor to terminate a state minister's appointment has reignited the debate on the necessity of state Governors in India.
• The position of Governor in India, established in the Constitution, is seen as the primary executive leader of the state.
• Concerns have been raised about the impartiality and effectiveness of Governors in their role.
• Some argue for the abolition of the Governor's position, stating that their duties can be fulfilled by other officials, such as the chief justice or the speaker of the assembly.
• Calls have been made for reforms to the office of Governor, aiming to ensure impartial selection, reduce political interference, and enhance cooperation between central and state governments.
• The Supreme Court has ruled that Governors should exercise their powers based on the aid and advice of their ministers, except in limited exceptional circumstances.
• The court's rulings, such as the Shamsher Singh case and others, have set limits on gubernatorial overreach to prevent abuse of power.
• Various commissions and committees, including the Administrative Reforms Commission and the Justice Venkatachaliah Commission, have recommended changes to the role of Governors, such as non-partisan appointments and limited interference in day-to-day administration.
• Jawaharlal Nehru and Dr B.R. Ambedkar expressed the view that Governors should have limited power and not interfere in routine governance.
• The debate on the necessity of state Governors continues, with stakeholders considering the best approaches for effective governance in Indian states, taking into account the recommendations and rulings from various sources, including the Supreme Court.

Context: 

The context of the article is the ongoing debate in India regarding the role and necessity of state Governors. It discusses the recent action taken by the Tamil Nadu Governor to terminate a state minister's appointment, which has sparked renewed discussions about the powers and functions of Governors.

UPSC EXAM NOTES EDITORIAL ANALYSIS:

1.Introduction:

The article explores the ongoing debate in India regarding the role and relevance of state Governors. It examines the recent incident in Tamil Nadu that reignited the discussion and delves into the historical context, constitutional provisions, recommendations by various commissions, and relevant Supreme Court cases. 

2.Historical Context:

• The article highlights the historical origins of the Governor's position in India, tracing it back to the Government of India Act of 1858 and the Government of India Act of 1935.
• The Governors were initially representatives of the British Queen and were responsible for following the counsel of provincial governments.
• The Constitution of India established a similar system of governance at the state level, with the Governor as the primary executive leader.

3.Constitutional Provisions and Role of Governors:

• The Constitution designates the Governor as a nominal or titular head, with executive authority over the state.
• The appointment of Governors is carried out by the President, but the position operates autonomously as a constitutional entity, independent of the Central government's authority.
• The Governors exercise their powers based on the aid and advice of their ministers, as established by Supreme Court judgments like Shamsher Singh v State of Punjab.
• However, concerns regarding the impartiality and interference of Governors in routine administration have been raised.

4.Arguments for Abolishing the Governor's Post:

• Some experts argue that the Governor's duties, such as administering oaths and delivering speeches, can be performed by other officials, making the position redundant.
• The performance of Governors as chancellors of universities has been criticized, further questioning the necessity of their presence in that role.
• Recommendations have been made to establish liaison officers with modest offices for effective Centre-state relationships, reducing the current vast resources allocated to Governors.

5.Proposals for Reforming the Governor's Office:

• Rather than abolishing the Governor's post, some propose reforms to enhance effectiveness and impartiality.
• Suggestions include non-partisan and impartial appointments, fixed tenures, and limiting interference in routine administration.
• Commissions like the Administrative Reforms Commission, the Sarkaria Commission, and the Punchhi Commission have recommended such reforms.

6.Supreme Court's Stand on Governors' Powers:

• The Supreme Court's judgments, including Shamsher Singh, have emphasized that Governors should exercise their formal constitutional powers based on the aid and advice of their ministers.
• The court has set limits on gubernatorial overreach, preventing misuse of power.
• Recent judgments, such as those in the Maharashtra political crisis, reaffirm that Governors cannot exercise power beyond what is granted by the Constitution or law.

7.Views of Prominent Figures:

• The article cites the views of nationalist leaders like Jawaharlal Nehru and Dr B.R. Ambedkar, who believed that Governors should have limited power and not interfere in routine governance.
• Their focus was on the ministerial character of the government, with power vested in the legislature and the Chief Minister, while maintaining the Governor's authority and dignity.

8.Conclusion:

The analysis of the article reveals a multifaceted debate surrounding the necessity and role of state Governors in India. While some advocate for the abolition of the position, others propose reforms to enhance the effectiveness and impartiality of Governors. The recommendations of various commissions, the Supreme Court's judgments, and the opinions of influential figures contribute to the complexity of the debate. Ultimately, the decision on the future of the Governor's post requires careful consideration of constitutional principles, the evolving dynamics of Centre-state relationships, and the need for efficient governance in Indian states.