Governor

The position of Governor in the Indian political framework holds significant importance, serving as a crucial link between the Union government and the states. Understanding the roles, powers, and functions of Governors is essential for aspirants preparing for the UPSC (Union Public Service Commission) examinations.

The Governor serves as the ceremonial head of the state and holds a crucial position within the state executive. Appointed by the Central Government, the Governor assumes the role of the chief executive head in each state.

Constitutional Provision

Appointment of Governor

The appointment of the governor is made by the President based on the advice of the central government, which has led to concerns regarding the political neutrality and impartiality of the governor. Instances have been observed where governors have been appointed from the ruling party at the center or have been removed or transferred for political motives, thereby compromising the dignity and stability of the governor’s office.

Term of Office

The Governor serves at the pleasure of the President, hence, does not have a fixed term.
The President has the authority to remove or transfer the Governor, with no specific grounds outlined in the constitution.
A Governor can be transferred from one state to another by the President, and can also be reappointed.
There is no provision for an interregnum, allowing a Governor to continue in office beyond five years until the new Governor assumes charge.
At the President’s discretion, the Chief Justice of the High Court of the concerned state can be appointed as the Governor temporarily, as deemed appropriate by the President.

Qualification

The qualifications for a Governor are relatively minimal compared to other political offices. They include being an Indian citizen and being at least 35 years old.
There are two conventions observed by the government before nominating a person as a Governor:

The Governor should not belong to the state where they are appointed; they should be an outsider with no prior association with the state.
The President consults the Chief Minister of the respective state before appointing a Governor.

Condition of Office of Governor

A Governor cannot simultaneously hold membership in the Lok Sabha or Rajya Sabha. If they were a member of either house prior to their appointment, they must vacate their seat upon assuming the Governorship.
They are prohibited from holding any office of profit.
The Governor is provided with residence at the Raj Bhavan without having to pay rent.
The emoluments, allowances, and privileges of the Governor are determined by Parliament.
If a Governor is responsible for multiple states, the emoluments and allowances are shared among the states as determined by the President.
Parliament cannot reduce the emoluments and allowances of the Governor during their term of office.
The Governor enjoys immunity from criminal proceedings, even for their personal acts.
The Governor cannot be arrested or imprisoned; only civil proceedings can be initiated against them, and that too after a two-month prior notice.

Powers of Governor

Executive Powers

All executive actions undertaken by the state government are conducted in the name of the Governor.
The Governor has the authority to specify the rules for authenticating orders made in his name.
The Governor may or may not establish rules to streamline the state government’s transactions.
The appointment of Chief Ministers and other ministers in the states is within the Governor’s purview.
The Governor is responsible for appointing the Tribal Welfare Minister in states such as Chattisgarh, Jharkhand, Madhya Pradesh, and Odisha.
The Governor appoints the Advocate General of states and determines their remuneration.
The Governor appoints key officials such as the State Election Commissioner, Chairman and Members of the State Public Service Commission, and Vice-Chancellors of state universities.
The Governor solicits information from the state government as necessary.
During a constitutional emergency in the state, the Governor recommends necessary actions to the President.
The Governor exercises significant executive powers as an agent of the President during the President’s rule in the state.

Legislative Powers

The Governor possesses the authority to prorogue the state legislature and dissolve the state legislative assemblies.
At the commencement of each year, the Governor addresses the state legislature during its first session.
The Governor may or may not send a bill to the state legislature if any bill is pending consideration.
In the absence of the Speaker of the Legislative Assembly, the Governor appoints a presiding officer for the session if the Deputy Speaker is also unavailable.
Similar to the President’s nomination of 12 members in the Rajya Sabha, the Governor appoints 1/6 of the total members of the legislative council from various fields such as Literature, Science, Art, Cooperative Movement, and Social Service.
Corresponding to the President’s nomination of 2 members in the Lok Sabha, the Governor nominates 1 member in the state legislative assembly from the Anglo-Indian Community.
The Governor has the authority to consult the Election Commission regarding the disqualification of members.
Regarding bills introduced in the state legislature, the Governor can provide his assent, withhold his assent, return the bill, or reserve the bill for the President’s consideration, particularly if it affects the position of the state High Court.

Financial Powers

The Governor oversees the presentation of the state budget in the state legislature.
His recommendation is necessary before introducing a money bill in the state legislature.
He makes recommendations for the demand for grants, which are essential for their approval.
The Contingency Fund of the State falls under his jurisdiction, and he authorizes advances from it to cover unforeseen expenses.
He constitutes the State Finance Commission every five years to review state finances and make recommendations.

Judicial Powers

The Governor possesses the authority to grant various forms of pardons, including pardon, reprieve, respite, remit, and commute.
The President consults the Governor when appointing judges to the High Court.
The Governor, in consultation with the state High Court, makes decisions regarding the appointments, postings, and promotions of district judges.
He also appoints individuals to the judicial services in consultation with the state High Court and state public service commission.

Discretionary Powers

1. Constitutional Discretion

Governors have the authority to reserve bills for the consideration of the President of India without the advice of the Council of Ministers.
They can recommend the imposition of President’s rule in the state at their own discretion.
Governors can take actions independently when appointed as administrators of Union Territories.
They have the discretion to determine the amount payable by the governments of Assam, Meghalaya, Tripura, and Mizoram to autonomous Tribal District Councils as royalty from mineral exploration licenses.
Governors can request information from the Chief Minister regarding administrative and legislative matters.

2. Situation Based Discretion

Governors are responsible for appointing a Chief Minister when no single party achieves a clear majority in an election or when the incumbent Chief Minister dies in office.
They have the authority to dismiss the council of ministers if they fail to demonstrate confidence in the state legislative assembly.
Governors can dissolve the state legislative assembly if it loses its majority within the specified time frame.
In certain situations, although governors are required to consult the council of ministers, they ultimately have the discretion to act independently. These situations include:
- Establishing separate development boards for Vidarbha and Marathwada in Maharashtra.
- Establishing separate development boards for Saurashtra and Kutch in Gujarat.
- Addressing law and order issues in Nagaland during internal disturbances in the Naga Hills–Tuensang Area.
- Administering tribal areas in Assam.
- Managing hill areas in Manipur.
- Promoting peace, social welfare, and economic advancement for various population segments in Sikkim.
- Ensuring law and order in Arunachal Pradesh.
- Establishing separate development boards for the Hyderabad-Karnataka region in Karnataka.

Issues with Office of Governor

Exercising Discretion in Returning Bills: Governors have historically used their discretion in returning Bills to the State Legislature, as seen in the case of the Tamil Nadu Governor’s action regarding a Bill on online gambling. However, if the Bill is passed again by the State Legislature, the Governor is obliged to assent to it.
Court’s Emphasis on Timely Action: The Supreme Court has stressed that the Constitution expects Governors to promptly return Bills for reconsideration.
Absence of Constitutional Guidelines for Disagreements: The Constitution does not specify how Governors and states should publicly handle disagreements over Bills. The phrase “as soon as possible” in Article 200 underscores the urgency in this matter, according to the Court. Consequently, Governors are constitutionally prohibited from indefinitely withholding Bills without communicating their decision to the State Legislature.
Partisan Appointments: Politicians and former bureaucrats affiliated with the ruling party are often appointed as Governors, raising concerns about impartiality.
Lack of Grounds for Removal: Governors can be removed arbitrarily, especially during changes in political power at the central government level, as there are no clear procedures or grounds for removal.
Governors as Agents of the Centre: Governors are perceived as representatives of the central government, leading to their characterization as “agents of the Centre” due to their appointment and removal by the Central Government.
Discretionary Recommendation of President’s Rule: The discretionary power of governors to recommend President’s rule in states has sometimes been exercised without objective justification, leading to allegations of political bias and arbitrary decision-making.
Blurred Roles: The distinction between the Governor’s constitutional mandate to act on the advice of the council of ministers and their statutory authority as chancellor is unclear, resulting in conflicts with state governments, such as in the appointment of a Vice Chancellor in a university by the Kerala Governor.
Partisan Appointment of Chief Ministers: Governors have been accused of playing a partisan role in appointing Chief Ministers, particularly in cases where a single party lacks a majority.
Political Interference in Assembly Convening and Dissolution: Governors have been associated with political delays in convening and dissolving state legislative assemblies.
Delay in Assenting to Bills: Governors have the discretion to withhold assent to bills passed by state legislative assemblies, with no time limit specified for how long they can withhold assent, leading to delays in the legislative process.

Reforms

Judicial Oversight: The Supreme Court can continue to monitor governors’ conduct and issue directives to ensure compliance with the Constitution and laws, thereby preventing arbitrary or partisan actions and upholding the federal structure of Indian governance.
Reform Appointment and Removal Processes: Amendments to the Constitution could modify the procedures for appointing and removing governors, introducing a more transparent and consultative approach. This might involve mechanisms like a collegium or parliamentary committee to select candidates based on merit and suitability. Making removal more challenging could entail requiring a state legislature resolution or judicial inquiry.
President-like Accountability: Governors could be made accountable to the state legislature in a manner akin to the president’s accountability to the Union Parliament, possibly through election and impeachment processes.
Elected Representation: Instead of being appointed by the Union government, governors could be elected representatives of the state, enhancing accountability and legitimacy. This election could be conducted by the state legislature or the state’s populace, similar to the president’s election.
Impeachment Mechanism: Governors could be made impeachable by the state legislature for violating the Constitution or misconduct, providing a check on their power and deterring abuse. The impeachment process could mirror that of the president, requiring specific majorities in both houses of the state legislature.

Recommendation from various committees

The Sarkaria Commission (1988) recommended several key principles for the appointment and functioning of governors:

Governors should be appointed by the President after consulting with the Chief Minister of the respective state.
Governors should be individuals of eminence in public life and should not belong to the state where they are appointed.
Governors should serve their full term unless exceptional circumstances necessitate their removal.
Governors should act as a bridge between the central and state governments, rather than being agents of the central government.
Governors should exercise discretionary powers sparingly and judiciously, avoiding any actions that undermine democratic processes.

The Venkatachaliah Commission (2002) proposed additional recommendations:

A committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha, and Chief Minister of the concerned state should be responsible for appointing governors.
Governors should serve their full five-year term unless they resign or are removed by the President for proven misbehavior or incapacity.
The central government should consult with the Chief Minister before taking any steps to remove a governor.
Governors should refrain from interfering in the day-to-day administration of the state and should instead serve as mentors to the state government, using discretionary powers sparingly.

The Punchhi Commission (2010) suggested a significant change: The phrase “during the pleasure of the President” should be removed from the Constitution, indicating that governors can only be removed by a resolution of the state legislature. This change aims to provide greater stability and autonomy to the states.

The BP Singhal vs Union of India case (2010) established a legal precedent: The Supreme Court ruled that the President has the authority to remove a governor at any time without specifying reasons, as governors hold office “during the pleasure of the President” according to Article 156(1) of the Constitution. However, removal cannot be arbitrary, capricious, or unreasonable.

The debate surrounding the role of Governors in India highlights the necessity for carefully considered reforms. While completely eliminating the position is seen as unwise, suggestions have been made for transparent selection processes, enhanced accountability, and curtailed discretionary authority. Finding a middle ground between the interests of states and the central government is essential to ensure the Governor’s office operates effectively while upholding democratic values.