Role and Power of Governor

Context: There have been some incidents that show the friction between the delicate relationships of the constitutional head of state and elected government. For example, West Bengal CM blocked the governor on Twitter over his statements against the state governments.

• In this article we are going to discuss Governor’s powers their friction with states and possible road ahead.

About Governor

• Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
• He acts in 'Dual Capacity' as the Constitutional head of the state and as the representative of the Union government.
• Articles 157 and 158 specify eligibility requirements for the post of governor.
• Governor has the power to grant pardons, reprieves, etc. (Article 161).
• There is a CoM with the CM at the head to aid and advise the Governor in the exercise of his functions, except some conditions for discretion. (Article 163)
• The Governor appoints the Chief Minister and other Ministers (Article 164).
• Governor assents, withholds assent, or reserves the bill for the consideration of the President passed by the Legislative Assembly (Article 200).
• Governors may promulgate the Ordinances under certain circumstances (Article 213).

Powers of the governor

• The governor acts on the advice of the council of ministers. But, Governor also enjoys certain powers granted under the Constitution like he can withhold assent to a Bill passed by the state legislature, can determine the time needed for a party to prove its majority, or which party must be called first to do so.
• However, there is no provision on how the Governor and the state should engage publicly when there is a difference of opinion.

Certain friction points between the governor and state governments

Allegations of the Centre using the Governor’s position to destabilise state governments have been made since the 1950s. 

• These are mostly related to the selection of the party to form a government, deadline to prove majority, sitting on Bills, and passing negative remarks on the state administration. 

Below are some examples

• Dismissal of state governments: 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.
• J&K Governor in 2018: 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.
• Maharashtra Governor in 2019: quietly invited BJP leader and administered him oath as CM. This government lasted just 80 hours. Six months later, the governor refused to nominate CM to the Legislative Council.
• Kerala Governor in 2020: turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.

Reason behind such type of tussle between the governor and state governments

• Political appointees: According to a 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.
• Answerability: 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.
• Impeachment of governor: 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.
• No guidelines:  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.

Key Suggestions
Strengthening of Federalism: In order to check misuse of the office of governor, there is a need to strengthen federal setup in India. In this regard, the Inter-State council and the role of Rajya Sabha as the chamber of federalism must be strengthened.
Several panels and reports like the Administrative Reforms Commission of 1968, Sarkaria Commission of 1988 suggested reforms regarding

• Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM, 
• fixing his tenure for five years, 
• Provision to impeach the Governor by the Assembly, etc.

Code of Conduct for Governor: This 'Code of Conduct' should lay down certain 'norms and principles' which should guide the exercise of the governor's 'discretion' and his powers which he is entitled to use and exercise on his judgement.

Road Ahead

• The recurrent instances of differences between the state legislatures and the Governors remain a cause of concern both in respect of the principle of separation of power as well as federalism. The relevant constitutional provisions should be the guiding pillar for the resolution of any such differences.