The ‘Impartiality’ of a Nominated Governor

Context:

• Recent Supreme Court observations on the role of Governors and its advisory remarks in relation to a Presidential reference have revived constitutional debates on the nature, limits, and impartiality of the Governor’s office.

• The discussion draws heavily from the Constituent Assembly Debates, particularly Dr. B.R. Ambedkar’s articulation of the Governor as a constitutional, non-interfering head.

Key Highlights:

Constitutional Vision of the Governor

• Dr. B.R. Ambedkar clarified in the Constituent Assembly that the Governor is not an independent authority but a constitutional head, similar to the President at the Union level.

• The Governor is expected to act primarily on the aid and advice of the Council of Ministers, thereby facilitating the parliamentary system of governance.

Concerns During Constituent Assembly Debates

• Several members expressed apprehension that Governors could act as agents of the Central government, undermining State autonomy.

• Fears were rooted in colonial experience under the Government of India Act, 1935, where Governors exercised wide discretionary powers, including withholding assent to Bills.

Clarification on Discretionary Powers

• Ambedkar emphasized that powers such as reserving Bills for the President’s consideration were not meant to be used at the Governor’s personal discretion.

• These powers were designed as constitutional mechanisms, not tools for political intervention.

Contemporary Concerns

• The editorial notes that in recent times, some Governors are perceived to be acting as “interfering authorities”, particularly in Opposition-ruled States.

• Actions such as delays in granting assent to Bills and public political commentary have raised questions about constitutional propriety and neutrality.

Role of the Judiciary

• The article argues that constitutional courts have a responsibility to:

  • Enforce the spirit of the Constitution

  • Prevent misuse of gubernatorial authority

  • Protect the primacy of elected legislatures

Relevant Prelims Points:

• Issue: Scope and impartiality of the Governor’s role.

• Constitutional Position:

  • Governor appointed by the President

  • Functions as the constitutional head of the State

• Key Articles (Static):

  • Article 154: Executive power of the State vested in the Governor

  • Article 163: Aid and advice of Council of Ministers

  • Article 200: Assent to State Bills

• Core Debate: Discretionary powers vs constitutional conventions.

• Impact: Federal balance and democratic accountability.

Relevant Mains Points:

• Key Concepts:

  • Governor: Nominal executive head of a State

  • Discretionary Powers: Limited exceptions, not the norm

  • Constituent Assembly Debates: Authoritative source for constitutional interpretation

• Polity Dimension (GS II):

  • Federalism and Centre–State relations

  • Constitutional morality and conventions

• Historical Perspective (GS I):

  • Contrast between colonial Governor (1935 Act) and constitutional Governor (1950 Constitution)

• Judicial Perspective:

  • Courts as guardians against constitutional deviation

• Way Forward:

  • Codification of constitutional conventions

  • Time-bound assent to Bills

  • Greater judicial clarity on discretionary limits

  • Reinforcement of constitutional morality among constitutional functionaries

UPSC Relevance (GS-wise):

• GS II: Polity, Federalism, Centre–State relations, Constitutional offices

• GS I: Modern Indian history, Constituent Assembly debates

• Prelims: Governor’s powers, discretionary authority, constitutional articles