Context: Bengal governor Jagdeep Dhankhar has taken serious offense at protests at the gates of his residence - Raj Bhavan in Kolkata. The protests were against the arrests of members of the ruling Trinamool Congress in connection with the Narada bribery case. The Governor claimed that the security of Raj Bhawan premises in Kolkata was breached twice near its North Gate on Tuesday by certain unruly elements. He also shared video clips of both the events with Kolkata Police and asked them to send comprehensive reports regarding the incidents and actions taken by 5 pm on May 19.

• Dhankhar expressed concern over his security and claimed that the law and order situation in West Bengal was 'worrisome'. In this edition of Big Picture, we analyse the role and powers of the Governor. 

About Narada case

• The Narada sting operation was conducted by Narada news founder Mathew Samuel for over two years in West Bengal.
• It was conducted in 2014 for the news magazine Tehelka. Samuel is the former managing editor of Tehelka.
• It was published on a private news website Narada News months before the 2016 West Bengal Assembly elections.
• As part of the operation, Samuel formed a fictitious company named Impex Consultancy Solutions.
• He then approached several TMC ministers, MPs and leaders, asking them for favours in return for money.
• It was a 52-hour footage photographed by Samuel and his colleague Angel Abraham.
• In it, then TMC (Trinamool Congress) MPs and state ministers were seen accepting alleged bribes in the form of wads of cash.
• This was allegedly in exchange for extending unofficial favours for Impex Consultancy Solutions, which was floated by Samuel himself.
• Samuel claimed that K. D. Singh, TMC Rajya Sabha MP and majority owner of Tehelka, knew and funded the entire operation.
• Singh, however, refuted his involvement with any aspect of the sting.

What is the recent move?

• Recently, West Bengal Governor Jagdeep Dhankhar, on a request by the CBI, sanctioned the prosecution of Subrata Mukherjee, Firhad Hakim, Madan Mitra and Sovan Chatterjee.
• [Governor is the competent authority to accord sanction in terms of law as he happens to be the appointing authority for such ministers in terms of Article 164 of the Constitution.]
• The CBI arrest thus came days after the Governor gave his consent to the CBI for filing a chargesheet against the four accused and sanctioned prosecution against them.

About Governor

• The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution.
• The role of the Governor is quite similar to that of the President of India. The Governor performs the same duties as of President, but for the State. 
• The governor is the constitutional head of the state and the chief executive head of the state whose powers are enshrined in Part VI of the constitution. 
• The governor also acts as an agent of the central government. Therefore, the office of governor has a dual role and forms an important part of the state executive.

Roles and responsibilities

• A governor possesses executive, legislative, financial and judicial powers more or less analogous to the president of India. However, he has no diplomatic, military or emergency powers like the President.

The governor’s primary responsibilities are to:

• Serve as the state's chief executive officer and oversees the functions of the executive branch of government.
• Appoint the leader of the majority party as Chief Minister.
• Appoint the advocate general, chairman and members of the respective State Public Commission.
• Appoint district Judges.
• Recommend imposition of Constitutional Emergency to the President.
• Recommend legislation to the Legislative Assembly.
• Review and sign bills that are approved by both the Vidhan Sabha and Vishan Parishad. If a bill is vetoed, it is returned to the legislative assembly.
• Give approval to the introduction of the money bill.
• He also may pardon, remit and commute the sentence of a person convicted by a state court. Although he can not pardon someone who is awarded a death sentence.

Issues related to the governor’s role

• Abuse of power by the centre: There are numerous examples of the Governor’s position being abused, usually at the behest of the ruling party at the Centre. The process of appointment has generally been the cause behind it.
• Biased ideology: In several cases, politicians and former bureaucrats identifying with a particular political ideology have been appointed as the Governors by the central government. This goes against the constitutionally mandated neutral seat and has resulted in bias, as appears to have happened in Karnataka and Goa.
• Puppet rulers: Recently, the Governor of Rajasthan has been charged with the violation of the model code of conduct. His support of the ruling party is against the spirit of non-partisanship that is expected from the person sitting on constitutional posts.
• Due to such incidents, negative terms like an agent of the Centre, Puppet and rubber stamps are used to describe a governor of the state.
• Favouring a particular political party: Governor’s discretionary powers to invite the leader of the largest party/alliance, post-election, to form the government has often been misused to favour a particular political party.
• Misuse of power: The Governors Committee (1971) laid down the responsibility on the governor to see that the administration of the state does not breakdown due to political instability and he must send a regular report about the political situation of the State.

However, the imposition of President’s rule (Article 356) in case of breakdown of constitutional machinery in a State has been frequently misused by the central government.
Suggestion

• For the smooth functioning of a democratic government, it is equally important that the governor must act judiciously, impartially and efficiently while exercising his discretion and personal judgment.
• There is a need for proper checks and balances to streamline the functioning of this office.
• Recommendations of Sarkaria commission and Punchhi Commission can be followed in true spirit.
• The 'procedure for appointment of governors should be clearly laid down' and conditions of appointment must also be laid down and must assure a fixed tenure for the governor so that the governor is not under the constant threat of removal by the central government.
• It is necessary to invest in the office of the Governor with the requisite independence of action and to rid them of the bane of ‘instructions’ from the Central Government.

Road Ahead

• Situation in West Bengal is peculiar and different to other states. We cannot let the constitution mechanism fail, extra ordinary circumstances calls for extraordinary measures and we have to everything possible to maintain law and order. Electoral representatives and constitutional authorities should work according to their mandate and should not go beyond it. The issue is less legal and more political. However the matter is in the court and the courts will seem like the will make an end to it and will have the last say.