GOVERNOR OF STATES

• Recently, the West Bengal Chief Minister described the Governor of the state as the central government’s own person.
• The Chief Minister, including several MPs, have written to the President of India demanding the withdrawal of the Governor.

Important points:

• Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
• A Governor is appointed by the President and is a nominee of the Central Government.
• It is stated that the Governor has a dual role.
• He is the constitutional head of the state, bound by the advice of his council of ministers (CoM).
• He functions as a vital link between the Union Government and the State 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)
• 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).
• Governor may promulgate the Ordinances under certain circumstances (Article 213).

Controversies:

• 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.
• 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.
• Recently, the Governor of Rajasthan has been charged with the violation of the model code of conduct. His support of the central 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.
• 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.
• A Governor’s recommendation for President’s Rule (Article 356) in a state has not always been based on ‘objective material’, but on political whim or fancy.

Way Forward

• Governor’s Discretion Should Be Only Her Discretion: For the smooth functioning of government, it is equally essential that the governor must act judiciously, impartially and efficiently while exercising his discretion and personal judgment.
• Strengthening of Federalism: In order to check misuse of the office of governor, there is a need to strengthen federal setup in India.

SOURCE: THE HINDU,THE ECONOMIC TIMES,MINT