In the dynamic landscape of Indian governance, a pressing need for reform has emerged, and governors play a pivotal role in steering this transformation. This editorial focuses on the imperative for advocating reform through the lens of gubernatorial responsibilities. Governors, as constitutional heads of states, possess the authority to safeguard democratic values, uphold the rule of law, and promote efficient governance. In the context of India, where diverse states with unique challenges coexist, governors must actively champion reforms that address regional disparities, enhance administrative efficacy, and foster inclusive development. This analysis underscores the significance of governors as catalysts for change, urging them to leverage their constitutional powers in shaping a more responsive and equitable governance framework for the nation.
Tag: GS – 2 Constitutional Bodies, Role of Governor, Co-operative Federalism, Centre-State Relations, 2nd ARC
In News:
A recent article delves into the hurdles presented by the role of Governors in the daily operations of democratically elected state governments and emphasizes on necessary reforms.
Evolution of the Governor’s Office
Pre-Independence Era
- Since 1858, during British rule, Provincial Governors acted as agents of the crown, supervised by the Governor-General.
Government of India Act, 1935
- Governors were to follow the advice of provincial legislature ministers but retained special responsibilities and discretionary powers.
Post-Independence Transition
- The Constituent Assembly debated and retained the Governor’s post, reorienting its role to align with India’s new governance systems.
Constitutional Provisions Governing Governors
- Article 153
- Mandates a Governor for each state, with one person potentially appointed for multiple states.
- Article 155 and 156
- Governor appointed by the President holds office at the President’s pleasure.
- Article 161
- Empowers the Governor to grant pardons, reprieves, etc., with a requirement to act on the advice of the state government.
- Article 163
- Establishes a council of ministers to aid and advise the Governor, outlining conditions for discretion.
- Articles 200 and 201
- Define the Governor’s powers regarding the passage of bills in the state legislature.
- Article 361
- Grants immunity to the Governor from court proceedings for the exercise of powers and duties.
Challenges and Issues Surrounding the Governor’s Role
- Affiliation-Based Appointments
- Politicians affiliated with the ruling party appointed as Governors raise concerns about impartiality and non-partisanship.
- From Representative to Agent
- Critics label Governors as ‘agents of the Centre,’ potentially following Union Council of Ministers’ instructions.
- Misuse of Discretionary Powers
- Governors’ discretionary powers, particularly in recommending President’s Rule, have been questioned for political motives.
- Removal of Governors
- Absence of clear grounds or procedures for removal has led to arbitrary dismissals.
- Constitutional Loopholes
- Ambiguities in the Constitution regarding the exercise of powers contribute to conflicts with state governments.
Suggested Constitutional Reforms
- Sarkaria Commission (1988)
- Emphasizes transparent appointments, Governor’s role as a bridge, and judicious use of discretionary powers.
- S.R. Bommai Judgment (1994)
- Asserts the floor of the Assembly as the forum for testing the majority, limiting Governor’s subjective opinion.
- Venkatachaliah Commission (2002)
- Recommends a committee for Governor appointments, completion of five-year terms, and limited interference in state administration.
- Punchhi Commission (2010)
- Proposes removal by state legislature resolution and deletion of ‘during the pleasure of the President.’
- BP Singhal vs Union of India (2010)
- Affirms President’s authority to remove Governors without reason but disallows arbitrary grounds.
- Nabam Rebia Case (2016)
- Clarifies Governor’s limited discretionary power against or without Cabinet advice.
- NCT of Delhi vs Union of India (2018)
- Stresses the need for Governors to uphold constitutional morality and principles.
- Kaushal Kishor vs State of UP (2023)
- Affirms public functionaries’ freedom of expression with reasonable restrictions.
Conclusion
The discourse on Governors in India calls for nuanced reforms, balancing transparency, accountability, and limited discretionary powers. Abolition is seen as imprudent, emphasizing the need to align the Governor’s office with democratic principles.
| UPSC Previous Year Questions Prelims (2014) Q. Which of the following are the discretionary powers given to the Governor of a State? Sending a report to the President of India for imposing the President’s rule Appointing the Ministers Reserving certain bills passed by the State Legislature for consideration of the President of India Making the rules to conduct the business of the State Government Select the correct answer using the code given below: (a) 1 and 2 only (b) 1 and 3 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4 Ans: (b) Mains (2018) Q. Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt.Governor and elected government of Delhi? Examine. Mains (2022) Q. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. |
Source: TH
Frequently Asked Questions (FAQs)
In case you still have your doubts, contact us on 9811333901.
For UPSC Prelims Resources, Click here
For Daily Updates and Study Material:
Join our Telegram Channel – Edukemy for IAS
- 1. Learn through Videos – here
- 2. Be Exam Ready by Practicing Daily MCQs – here
- 3. Daily Newsletter – Get all your Current Affairs Covered – here
- 4. Mains Answer Writing Practice – here
