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On July 28, President Droupadi Murmu appointed new Governors for nine Indian states: Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh. Assam Governor Lakshman Prasad Acharya was also given additional charge for Manipur. This reshuffle brings attention to the role of Governors and their relationship with state governments, which can often be complex and contentious. This article delves into the constitutional provisions, powers, and challenges associated with the office of the Governor in India.
Constitutional Provisions and Appointment Process
The Indian Constitution outlines the role and appointment of Governors in several articles. Article 153 states, “There shall be a Governor for each State.” An amendment in 1956 allows for the appointment of the same person as Governor for two or more states. Article 155 specifies that the Governor is appointed by the President of India, “by warrant under his hand and seal.” The term of office, as stated in Article 156, is five years, but the Governor holds office at the pleasure of the President, meaning they can be removed at any time.
The President’s decision to appoint or remove a Governor is typically influenced by the Prime Minister and the Union Council of Ministers. This central influence has led to criticisms that Governors act as agents of the central government, especially in states ruled by opposition parties.
Qualifications and Conditions of Office
Articles 157 and 158 detail the qualifications and conditions for the office of the Governor. The Governor must be a citizen of India and at least 35 years old. They must not be a member of Parliament or a state legislature and must not hold any other office of profit. These conditions aim to ensure the apolitical nature of the office, although in practice, this is not always the case.
Powers and Functions of the Governor
The Governor’s role is envisaged as largely ceremonial and apolitical. Article 163 states, “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.” This means that, in most cases, the Governor must act on the advice of the state’s Council of Ministers.
However, the Governor has certain discretionary powers. These include giving or withholding assent to bills passed by the state legislature, determining the time required for a party to prove its majority in the state Assembly, and deciding which party to invite to form the government in case of a hung verdict. These powers make the Governor’s role significant, particularly during political crises.
Challenges and Controversies
The relationship between Governors and state governments can be fraught with tension. Governors are often accused of acting on behalf of the central government, leading to accusations of partisanship. For instance, Governors R N Ravi and Arif Mohammed Khan have faced criticism from the Chief Ministers of Tamil Nadu and Kerala, respectively, for allegedly partisan conduct.
The Constitution does not provide clear guidelines on how Governors and state governments should resolve differences. This ambiguity has led to acrimonious exchanges and prolonged disputes. Constitutional expert Dr. Faizan Mustafa noted that while the Constituent Assembly intended for Governors to be apolitical, in practice, political appointees often occupy the office. Alok Prasanna of Vidhi Centre for Legal Policy highlighted a fundamental issue: while the Chief Minister is answerable to the people, the Governor is only answerable to the central government.
Recommendations for Reform
In 2001, the National Commission to Review the Working of the Constitution, set up by the Atal Bihari Vajpayee government, recognized the problematic nature of the Governor’s role. The commission noted that because Governors owe their appointments and continuance to the Union Council of Ministers, there is a tendency to act in accordance with central government instructions, particularly during conflicts between the state and central governments.
The commission’s observations underscore the need for reforms to ensure that Governors can function more independently and impartially. One proposed solution is to establish clearer guidelines for the exercise of discretionary powers and to create mechanisms for resolving disputes between Governors and state governments.
Conclusion
The appointment of new Governors by President Droupadi Murmu highlights the ongoing significance of this constitutional office. While the role of the Governor is designed to be apolitical and largely ceremonial, the reality is often more complex. To uphold the integrity of this office and ensure smooth functioning within the federal structure, it is essential to address the issues of central influence and partisanship. This will require constitutional reforms and a commitment to respecting the boundaries and responsibilities of both Governors and state governments.
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