Explore the Governor’s role in India as a constitutional guardian or political agent of the Centre, highlighting controversies, key reforms, and Supreme Court safeguards ensuring democratic governance.
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NEW DELHI: The office of the Governor in India is a cornerstone of the federal structure, intended to act as a link between the Union and the States. Yet, it remains one of the most controversial constitutional posts. The question is,
Does the Governor serve as an impartial constitutional guardian or as a political agent of the central government?
Governor for States
Article 153 of the Constitution of India provides for a Governor in each state, allowing the same person to govern multiple states. As the constitutional head, the Governor acts on the advice of the Council of Ministers and serves as a key link between the Union and State Governments.
Article 153. Governors of States.
There shall be a Governor for each State:
[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]
Executive Power and Role of the Governor
- Article 154: Executive power of the state vested in the Governor, exercised directly or through subordinates.
Article 154. Executive power of State.
(1) 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.
(2) Nothing in this article shall-
(a) Be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
- Article 155: The Governor is appointed by the President; can serve multiple states.
Article 155. Appointment of Governor.
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
- Article 156: Term of 5 years; serves at the President’s pleasure; can resign or continue until successor assumes office.
Article 156. Term of office of Governor.
(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
- Article 157: Must be an Indian citizen, at least 35 years old.
Article 157. Qualifications for appointment as Governor.
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years
- Article 158: Cannot hold other offices or be a member of Parliament/State Legislature; entitled to emoluments and official residence.
Article 158. Conditions of Governor’s office
(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
- Article 159: Must take oath before Chief Justice or senior-most Judge of the High Court.
Article 159. Oath or affirmation by the Governor.
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say-
“I, A. B., do (swear in the name of God/ solemnly affirm) that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of …….. (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …..(name of the State).”
The Constitutional Mandate: A Dual Role
The Constitution outlines the Governor’s powers through key articles:
- Article 153: Provides for a Governor in each state.
- Article 154: Vests executive power of the state in the Governor.
- Articles 155 & 156:The Governor is appointed by the President and holds office during the President’s pleasure.
Dual Responsibilities:
- Constitutional Head of the State
- Must act on the aid and advice of the Council of Ministers (Article 163).
- Responsibilities include:
- Appointing the Chief Minister and ministers (Article 164)
- Summoning/dissolving the legislature (Article 174)
- Assenting to bills (Article 200)
- Representative of the Union Government
- Has discretionary powers (Article 163) in certain situations.
- Appointment and removal by the Centre make the Governor vulnerable to political influence.
The Controversy
- Appointment of the Chief Minister: Governors decide who forms the government in a fractured mandate, often criticized for favoring parties aligned with the Centre.
- Recommending President’s Rule (Article 356): Can dismiss state governments; historically misused over 100 times.
- Reserving Bills for Presidential Consideration (Article 200): Can delay or veto legislation, especially when the state and Centre are ruled by different parties.
Lack of Accountability and Transparency
- Governors are accountable only to the President (Article 156), not the legislature.
- No impeachment provisions exist; they can act without facing direct consequences.
Overreach in Administrative Matters
- Governors interfere in day-to-day governance, bypassing elected Chief Ministers (Article 163).
- Example: Delhi (2023) – clashes over bureaucratic appointments; the Supreme Court affirmed elected government control.
Arbitrary Use of President’s Rule (Article 356)
Governors have historically recommended President’s Rule, sometimes on dubious political grounds. For example, Uttarakhand (2016) – President’s Rule was recommended before the floor test.
Judicial Intervention and Constitutional Guardrails
- Shamsher Singh vs. State of Punjab (1974): Governors must act on ministerial advice except where discretion is expressly allowed.
- S.R. Bommai vs. Union of India (1994): Imposed strict limits on Article 356; majority must be tested on the assembly floor; presidential proclamations are subject to judicial review.
- Nabam Rebia vs. Deputy Speaker (2016): Governors cannot summon/dissolve assemblies to undermine elected governments.
The Agenda of Reform
- Sarkaria Commission (1988): Recommended that Governors be eminent persons from outside the state, politically neutral, and consult the Chief Minister before appointment; Article 356 should be used sparingly.
- Punchhi Commission (2010): Proposed a fixed five-year tenure, removal only via state legislature resolution, and clear guidelines for inviting parties to form government.
Suggested Measures for Reform
- Time Limits on Bills: Governors should act within a fixed period to prevent legislative paralysis.
- Limit Discretionary Powers: Clear guidelines for government formation post-elections; follow structured order (pre-poll alliances > single largest party > post-poll alliances).
- Neutrality in University Appointments: Reassess the Governor’s role as Chancellor; establish independent state commissions.
- Transparent Appointment & Removal: Consult Chief Ministers; ensure Governors have no recent political affiliations.
- Judicial Accountability: Decisions subject to judicial review; consider annual reporting to Parliament.
- Clear Guidelines for Article 356: President’s Rule only as a last resort, limited duration, judicial review mandatory.
- Impeachment Mechanism: State legislatures could pass resolutions for removal; the Centre must provide valid reasons (BP Singhal vs Union of India, 2010).
Conclusion
The Governor’s office is crucial for upholding constitutional governance and maintaining national unity, yet it remains highly contentious. Vague discretionary powers and the appointment mechanism make it susceptible to political influence. The Supreme Court has reinforced adherence to constitutional principles, but challenges persist.
Key reforms include:
- Time-bound decisions on bills and appointments
- Limiting discretionary powers in government formation
- Ensuring neutrality in university and administrative appointments
- Strengthening accountability through judicial review and parliamentary oversight
Until these measures are fully implemented, the Governor will continue to navigate the tension between the state legislature and the central government, balancing constitutional duty with political realities.
