The question of whether Chief Ministers should have a say in the appointment of Governors is a nuanced and debated issue. In an editorial from The Hindu, the argument is made that involving Chief Ministers in the selection process could enhance federalism and promote better coordination between the state and central governments. Advocates for this approach argue that Governors, being the representatives of the President at the state level, should have a working relationship with the Chief Minister for the effective functioning of the state machinery. On the contrary, critics express concerns about potential conflicts of interest and political interference in gubernatorial appointments, emphasizing the need for Governors to act as independent constitutional authorities. Striking a balance between maintaining the autonomy of the Governor’s office and fostering cooperation with the Chief Minister remains a challenge, requiring careful consideration of constitutional principles and the democratic ethos.
Exam View:
Prelims:
Article 153, Supreme Court, Article 200, National Commission to Review the Working of the Constitution, Cooperative Federalism, Chancellor, Inter-State Council, Punchhi Commission, 2nd Administrative Reforms Commission, Sarkaria Commission.
Mains:
Constitutional Provisions Related to the Governor, Issues Related to the Post of Governor in India, Reforms Proposed by Various Commissions.
In News:
With the rise in instances of tension and even stand-offs, between State governments and Governors, there is once again a debate on the role of the Raj Bhavan.
The governor is a nominal executive head of the state. He forms an important part of the state executive where he acts as the chief executive head. He acts as a bridge between the Centre and the States and is considered as one of the pivotal parts of cooperative governance.
Since 1858, when India was administered by the British Crown. Provincial Governors were agents of the crown, functioning under the supervision of the Governor-General. With the Government of India Act, of 1935, the governor was now to act in accordance with the advice of Ministers of a province’s legislature but retained special responsibilities and discretionary power.
Currently, under the parliamentary and cabinet systems of governance adopted by India, the Governor is envisaged to be the Constitutional Head of a State.
The Governor has various functions, such as addressing the joint session of the Assembly and the Budget session and signing Bills that have been passed by the Assembly. The Governor has administrative and political functions to perform.
Issues Related to the Post of Governor in India:
- Act as a Centre’s Agent: The National Commission to Review the Working of the Constitution held that the Governor owes his appointment and his continuation to the Union. Apprehensions exist that he will follow instructions given by the Union Council of Ministers. This goes against the constitutionally mandated neutral seat and has resulted in bias.
- Misuse of Discretionary Powers: Governor’s recommendation for the President’s Rule in a state has not always been based on ‘objective material’, but on political whim or fancy.
- Conflicts between the Governor and the State government: The constitutional mandate to act on the advice of the council of ministers is not clearly distinguished from the statutory authority as chancellor. For Ex, there was a recent appointment of a Vice Chancellor in a university by the Kerala Governor, bypassing government nominations.
- Removal of Governors: Having no written grounds or procedures for removing governors, several times governors were removed arbitrarily.
- Post’s impartiality and non-partisanship: The convention of consulting the Chief Minister before appointing the Governor is often ignored.
- No guidelines for the exercise of the governor’s powers in certain cases: There are no guidelines for the exercise of the governor’s powers in case of the appointment of a Chief Minister or the dissolving of the Assembly. Also, there is no limit set for how long a Governor can withhold assent to a Bill.
Reforms Proposed by Various Commissions:
Therefore, there has to be cooperation and coordination between the State government and the Governor, irrespective of their political loyalties. The majority and vote of confidence have to be decided on the floor of the House. The Governor is supposed to be a friend, philosopher, and guide. He should help from the back for sorting out issues and resolving disputes, even between political parties. The Governor should also advise the Centre on what is happening and what needs to be done.
Getting the Chief Minister involved in the process of governor selection is not right. The Governor cannot be made to feel that the Chief Minister was one of those responsible for his selection; the Governor has to be above the Chief Minister, be independent, be able to function in a nonpartisan manner, and not be beholden to the ruling party or to the Chief Minister.
There is a need to devise a ‘Code of Conduct’ that should define certain ‘norms and principles’ that should guide the governor’s discretion and constitutional mandate. Discretion must be a choice dictated by reason, actuated by good faith and tempered by caution.
Question for Practice:
Prelims:
Which of the following are the discretionary powers given to the Governor of a State? (2014)
- 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:
- Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (2018)
- 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. (2022)
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Frequently Asked Questions (FAQs)
Q: Why is there a debate on whether Chief Ministers should have a say in the appointment of Governors?
A: The debate arises from concerns about the balance of power between the state and central governments. Some argue that Chief Ministers, being directly accountable to the people of their states, should have a role in selecting Governors, while others believe in maintaining a clear separation to ensure the Governor’s impartiality.
Q: What is the constitutional framework regarding the appointment of Governors, and does it allow for Chief Minister involvement?
A: The Constitution of India grants the President the power to appoint Governors. However, it does not explicitly specify a role for Chief Ministers in this process. The absence of a clear mandate has led to discussions about whether Chief Ministers should be consulted or have a say in the appointment process.
Q: How might Chief Minister involvement impact the relationship between the state government and the Governor?
A: Advocates for Chief Minister involvement argue that it could foster better cooperation and understanding between the state government and the Governor. Conversely, opponents suggest that such involvement may compromise the Governor’s independence and turn the office into a political appointment, potentially leading to conflicts between the two entities.
Q: Are there instances where Chief Ministers having a say in Governor appointments has worked positively?
A: Proponents of Chief Minister involvement often point to successful models in other countries where regional leaders play a role in gubernatorial appointments. Examining such cases could provide insights into whether this approach enhances governance and ensures a harmonious relationship between state and central authorities.
Q: What safeguards could be put in place to ensure that Chief Minister involvement does not undermine the impartiality of Governors?
A: Those supporting Chief Minister participation may need to propose mechanisms to prevent the politicization of Governor appointments. This could include establishing clear criteria for selection, involving multiple stakeholders in the decision-making process, or relying on an independent committee to assess and recommend candidates. Addressing these concerns is crucial to striking a balance between regional representation and the autonomy of the Governor’s office.
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