Role Of Governor In India

A parliamentary system of government, similar to that of the Centre, is envisioned under the Indian Constitution for the States. Articles 153 through 167 of Part VI of the Constitution, which deal with the State executive, address the Government of the States. The State Executive is comprised of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State. In comparison to the Vice-Presidential position at the Union level, there is no vice-governorship (in the state). 

 

•    The State's chief executive officer is the Governor. He or she is just a ceremonial head of state (titular or constitutional head), much like the President.

 

•    The Governor also represents the Union Government in this capacity. As a result, the governor's office has two functions.

 

•    The 7th Constitutional Amendment Act of 1956 made it simpler to appoint the same person to serve as Governor of two or more States. Normally, each State has its own Governor. 

 

•    The Governor of the State will have judicial, legislative, financial, and executive authority. But unlike the president of India, s/he lacks the same diplomatic, military, and emergency capabilities.

 

•    The council of ministers performs executive duties on behalf of the governor. As a result, the Council of Ministers functions as the true executive, with the Governor serving just as a ceremonial head.

 

•    He or she appoints the leader of the majority party to serve as chief minister and is the State's constitutional head.

 

•    He or she is free to question the Chief Minister for any information they require.

 

•    The State Public Service Commission's chairman, members, and attorney general are all chosen by the Governor.

 

•    He or she has the power to urge the President to declare a state of constitutional emergency.

 

•    The Governor exercises considerable executive authority while the President is in office in the State as an agent of the President.

 

•    As a member of the State Legislature, the Governor must sign every measure before it becomes a law.

 

•    A bill may be withheld and sent to the President for review.

 

•    On the recommendation of the Chief Minister or in accordance with the President's instructions, he or she may also dissolve the State Assembly before the end of its term.

 

•    He or she arranges for the State Legislative Assembly to hear the annual budget presentation.

 

•    The Governor picks the district judges, and the President consults with him when choosing the High Court judges.

 

•    He or she has the power to commute, remit, and pardon someone who has been found guilty by a State court.

 

•    He or she arranges for the State Legislative Assembly to receive a presentation of the annual budget.

 

•    The Governor must give his or her prior consent before a money measure can be submitted in the State Legislative Assembly.

 

The following are the Governor's discretionary powers:

•    The Governor is free to appoint the Chief Minister if no party gets an absolute majority.

 

•    In an emergency, he or she has the authority to disregard the council of ministers' recommendations. In these circumstances, the person acts on behalf of the president and assumes actual control over the state.

 

•    He or she makes use of the discretionary power to give the President a report on the State's operations.

 

•    Additionally, he or she has the option to refuse to sign a measure and send it to the President for approval.

 

•    Abuse of Power by the Centre: There have been many instances of the Centre's ruling party abusing the Governor's position. In most instances, the appointment process has been the primary cause of the issue.

 

•    Biased Ideology: In a number of instances, the central government has nominated governors who are politicians or former bureaucrats who support a specific political ideology. It runs counter to the neutral seat required by the constitution and seems to have produced bias, as demonstrated in Karnataka and Goa.

 

•    Puppet Rulers: A recent complaint of violating the model code of conduct was brought against the governor of Rajasthan. His partisanship goes against the spirit of non-partisanship that the Constitution requires of individuals in positions of authority. These occurrences have led to the use of disparaging terms like "agent of the Centre," "puppet," and "rubber stamps" to criticize state governors.

 

•    Favoring One Political Party over Another: It is frequently abused by governors to favor one political party over another by using their discretionary authority to urge the leader of the largest party or alliance to form the government following an election.

 

•    Misuse of Power: In some states, a governor's request for President's Rule (Article 356) has not always been founded on 'objective material,' but rather on political whim or fancy.

 

•    On Governor Nomination and Removal: The Punchhi commission suggested in 2010 that the State Legislature include a clause for the Governor's impeachment.

 

•    On Use of Article 356: The Punchhi Commission recommended that Articles 355 and 356 be changed. Article 356 should only be used in extraordinary situations where it is necessary to restore the state's constitutional framework, according to the Sarkaria Commission (1988).

 

•    Recommendations have been made by the Administrative Reforms Commission (1968), the Rajamannar Committee (1971), and the Justice V.Chelliah Commission.

 

•    The S.R. Bommai Judgment (1994) put a halt to the adversarial Central Government's arbitrary dismissal of State Governments under Article 356. The court came to the conclusion that the majority of the government at the time should only be evaluated by the Assembly's floor rather than the Governor's arbitrary judgment.

 

•    Regarding Discretionary Powers: The Supreme Court determined in the Nabam Rebia Judgment (2016) that the Governor's power under Article 163 is constrained and that his decisions shouldn't be capricious or arbitrary. 

 

People could think that serving as governor is meaningless and expensive for state governments. The Governor, however, has a crucial role and serves as a liaison between the Union and State Governments. The Governor is responsible for overseeing the establishment of a stable government in the State, as well as looking into the constitutionality of any laws passed by the State Legislature. As a result, even if it has been reduced to a retirement package for politicians, the position of Governor is essential for the proper operation of democracy.