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Polity

Is it truly necessary for India to have State Governors?

  • The recent dismissal of a state minister by Tamil Nadu Governor R N Ravi has reignited disputes over the role and relevance of Governors in Indian states.
  • While disagreements between state governments and the Governor’s office are not new, it is critical to consider the Governor’s position and its constitutional ramifications.

Who is a State Governor?

  • The post of State Governors in India is established under the Indian Constitution.
  • Articles 153 to 162 of the Indian Constitution contain the majority of the provisions concerning State Governors.

Here are the important characteristics of State Governors’ constitutional positions in India:

  • Appointment: The President of India appoints the Governor of a state. The President acts on the recommendation of the Prime Minister-led Council of Ministers.
  • Executive Authority: The Governor is the chief executive of the state and exercises executive authority on behalf of the President. The Governor is the President’s representative at the state level.
  • Constitutional Head: The Governor serves as the state’s constitutional head, performing ceremonial tasks such as opening and closing the state assembly, assenting to laws, and issuing ordinances.
  • The Governor’s administrative role is critical in the administration of the state. The CM and other members of the Council of Ministers, as well as some high-ranking state officials, are appointed by the Governor.

Functions and powers

  • Legislative Functions: The Governor has legislative responsibilities. The Governor convenes and prorogues the state legislature, addresses the legislature at the start of its first session following each general election, and signs measures passed by the state legislature.
  • Discretionary Authority: The Governor has certain discretionary authority. The Governor, for example, might reserve some measures enacted by the state legislature for review by the President. Under specific conditions, the Governor may also refuse to sign bills.
  • Emergency Powers: In the event that a state’s constitutional machinery fails, the Governor may recommend the installation of President’s Rule, in which the state government is temporarily suspended and the Governor serves as the state’s executive head.
  • Link to Central Government: The Governor acts as a critical link between the state and federal governments. The Governor communicates with the President and the national government on a variety of state-related issues.

Arguments for the Existence of the Governor’s Post

  • Provincial Autonomy: The Constituent Assembly sought to keep the Governor as the constitutional representation of the states in post-independence India.
  • Centralization and Impartiality: Proponents claim that a certain level of centralised power is necessary for a developing country like India, and the Governor provides impartiality in government.
  • Continuity and Stability: The presence of the Governor ensures stability and continuity in governance, and they play an important role in administering oaths and delivering inaugural addresses.

Arguments Against Governor Interference and Politicisation:

  • Critics allege that governors frequently meddle in the functioning of state governments, particularly those led by competing political parties, resulting in the politicisation of the post.
  • Concerns have been raised concerning the impartiality of Governors selected from political backgrounds, which may influence their decisions and actions.
  • Redundancy and inefficiency: Some claim that the Governor’s duty may be fulfilled by alternate systems, and that the position wastes money.

The Supreme Court’s Position on Judicial Review

  • Limited Powers and Aid-Advice: The Supreme Court has held that, unless in exceptional situations, Governors must execute their powers with the assistance and advice of their ministers.
  • Judicial Oversight: The Supreme Court has put restrictions on gubernatorial powers in landmark cases, ensuring that their acts are consistent with the Constitution and the law.

Commission and Committee Recommendations

  • Administrative Reforms Commission (ARC): In its 1969 report, the ARC emphasised amicable relations between Governors and state governments, recommending increased cooperation and less intrusion.
  • Sarkaria Commission (1983): The commission advocated changes to increase Governors’ responsibilities and authority while emphasising impartiality and set tenures.
  • The Punchhi Commission (2010) recommended that Governors be appointed in cooperation with the Chief Minister and that their responsibilities be expanded in specified areas.
  • Other suggestions include appointing Governors through a collegium, limiting their role to ceremonial tasks, or removing the job in smaller states or union regions.
Source: https://timesofindia.indiatimes.com/india/do-we-really-need-governors-anymore/articleshow/89584981.cms
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