Governor - Connect Civils

According to Article 163, there is a Council of Ministers to aid and advise the Governor to exercise her functions. However, the Constitution provides certain discretionary powers to the Governor, where she can act without the advice of the Council.

Constitutional Discretion of the Governor:

Reservation of a bill for the consideration of the President (Art. 200).
Recommendation for the imposition of President’s Rule in the state (Art. 356).
Exercising functions as the administrator of an adjoining union territory (in case of additional charge).
Determining the amount payable by certain states to an autonomous Tribal District Council as royalty from mineral exploration licences.
He may call upon the Chief Minister to provide information regarding the administration of the state affairs and proposals for legislation (Art 167)

Situational Discretion of the Governor:

Appointment of Chief Minister in cases of a hung assembly or sudden demise of the incumbent Chief Minister (Article 164).
Dismissal of the council of ministers if it fails to prove confidence in the state legislative assembly.
Dissolution of the state legislative assembly if the council of ministers loses its majority (Art. 174).

Article 153 provides for the office of a Governor for every state. Appointed by the President of India as per Article 155, Governors serve as representatives of the central government in the states, bridging the gap between the Union and regional administrations. While the Governor is constitutionally supposed to act as a neutral arbiter and protector of the Constitution, the actual practice has often been different.

Issues related to office of the Governor :

‘Partisan’ Behavior:Governors have been accused of acting as agents of the Centre and not as an independent Constitutional Office.
Constitutional misadventure: The Tamil Nadu Governor has acted without forethought in sacking a Minister without the Chief Minister’s advice going beyond what constitution mandates.
Dereliction of duties:
1. Recently in Punjab and earlier in Rajasthan, the Governor refused to convene the Assembly session on the recommendation of the State Cabinet. (Art 163 and art 174)SC observed that the Governor can’t employ his discretion against the advice of the Cabinet to convene the Assembly.
2. Political uncertainty in state: The Governor of Jharkhand didn’t act on the advice of the Election Commission of India to disqualify the Chief Minister of Jharkhand for violation of electoral norms.
Increasing Tussle with Elected Governments
1. Tamil Nadu: In January 2023, the Governor refused to read some parts of the Governor’s address at the beginning of the State Legislative Assembly session.
2. West Bengal:Public spat between the Governor and the Chief Minister, with differences on administration and appointments in state-run universities.
3. In Delhi : The tussle between the L-G and the CM.
Misuse of article 200:
1. No timeline to give the assent: Several Bills passed by the Tamilnadu state Assembly have been pending as the Governor has not made any decision.
2. Indefinite withholding of assent to Bills: leading to a deadlock between the executive and legislative branches.
3. Reservation of Bills for Presidential Assent: which can delay the enactment of legislation.
Misuse of other discretionary Powers :
1. President Rule : Article 356 has been used more than 125 times.In almost all cases it was used for political considerations rather than any genuine breakdown of constitutional machinery in the States.
2. Appointment of CM { article 164 (1) }: Determining the time needed for a party to prove its majority, or which party must be called first to do so, generally after a hung verdict in an election.
Vesting them with other roles like university chancellorship exposes the office to potential conflicts of interest and controversies as seen in Kerala
There are little checks on their conduct and ways to hold Governors accountable
Lack of transparency in their communication with states and role clarification amplifies governance issues.

Such actions undermine the federal structure of the constitution and create an environment of mistrust between the center and states.

Way forward

Establish a ‘Code of Conduct’ endorsed by all levels of government to guide governors.
Codify discretionary powers, set boundaries, and mandate adherence to Cabinet advice.
Amend Article 155: Reform governor appointments and removals based on Punchhi and Sarkaria Commission reports.
Follow Judicial Guidance
- Recently, the Supreme Court (SC) has observed that bills sent to the governor for assent must be returned “as soon as possible”. He has the option to send it back to the Assembly for reconsideration.
- SC in Shamsher Singh case (1974) said, “The Constitution does not aim at providing a parallel administration within the State by allowing the Governor to go against the advice of the Council of Ministers.”
- S.R. Bommai Judgment (1994) : President’s rule– The Supreme Court classified the instances of failure of constitutional machinery into four heads- Political crises, Internal subversion, Physical breakdown, Non- compliance with constitutional directions of the Union Executive
- In Rameshwar Prasad v. Union of India (2006):: motivated and whimsical conduct of the Governor is amenable to judicial review.
- Nabam Rebia Judgement (2016): SC ruled that the exercise of the Governor’s discretion Article 163 is limited and not arbitrary.

Conclusion

The Governors should also act according to their Constitutional mandate, rather than acting as political agents. An active but unbiased Office of Governor can strengthen the Union-State relationship and the federal structure
Urgent comprehensive reforms are required to protect the sanctity and independence of the Governor’s office, in line with the Constitutional principles of federalism and democratic functioning

While the Governor is generally bound by the advice of the Council of Ministers under Article 163, the Constitution allows the Governor to act independently in certain situations. However, these powers have often led to tensions in Centre–State relations, raising concerns over federal balance.

Constitutional Discretion:

Article 200 – Reserving bills for the President’s assent.
Article 356 – Recommending President’s Rule.
Acting as administrator of a Union Territory (additional charge).
Deciding royalty payments to tribal councils.
Article 167 – Seeking info from the Chief Minister on state affairs.

Situational Discretion:

Appointing CM in case of hung assembly or sudden vacancy (Art. 164).
Dismissing CoM if it loses Assembly’s confidence.
Dissolving Assembly when the government loses majority (Art. 174).

Impact on Centre–State Relations

Positive Impact

Crisis Management: Helps maintain constitutional order during emergencies (e.g., Punjab insurgency).
Stability in Hung Assemblies: Facilitates government formation (e.g., Maharashtra 2019).
Upholds National Coherence: Ensures state laws align with Union laws when necessary.
Bridge Between Centre and State: Helps communicate regional issues to the Centre.

Negative Impact

Central Overreach: Governors act as Union’s agents, undermining state autonomy.
- Example: Tamil Nadu Governor withheld assent to 10 bills (2023–24); SC had to intervene.
Partisan Government Formation: Seen in Karnataka (2018), Maharashtra (2019).
Misuse of Article 356: Used to dismiss opposition-ruled states (e.g., Arunachal Pradesh 2016).
Legislative Interference: Delays in bill assent disrupt state functioning (e.g., Kerala, West Bengal).
Erosion of Federal Trust: Opposition-ruled states face more friction, deepening asymmetry.
Undermining Elected Governments: Frequent clashes in states like West Bengal and Kerala.

Role of Supreme Court Judgments

The Supreme Court has clarified and restricted Governors’ discretionary powers to protect federalism:

Samsher Singh v. State of Punjab (1974): Governors must follow the Council’s advice except in explicit discretionary areas, curbing arbitrary actions.
S.R. Bommai v. Union of India (1994): President’s Rule recommendations are subject to judicial review, requiring objective evidence of constitutional failure, reducing political misuse.
Nabam Rebia v. Deputy Speaker (2016): Governors cannot interfere in State legislatures (e.g., advancing sessions), reinforcing legislative autonomy.
Recent Rulings (2020–2024):
- State of Tamil Nadu v. Governor of Tamil Nadu (2023): Directed Governors to act on bills within reasonable time, criticizing delays.
- Punjab and Kerala (2023–24): Courts rebuked Governors for delaying bill assent, emphasizing federal principles.
- Telangana (2024): High Court intervened in Governor’s delay in approving legislative nominations, protecting State rights.

Way Forward:

The discretionary role of the Governor must be exercised with restraint, transparency, and constitutional morality.
Supreme Court judgments have acted as a check on overreach and guided federal balance.
Recommendations for reform include:
- Codifying the scope of discretion (as per Sarkaria Commission),
- Mandating timelines for assent to bills,
- Revising the Governor appointment process for neutrality.

Article 153 provides for the office of a Governor for every state. While the Governor is constitutionally expected to act as a neutral arbiter and bridge the gap between the Union and state administrations, the actual practice has often differed.

Issues Related to the Office of the Governor:

Partisan Behavior: Governors have been accused of acting as agents of the Centre.
Dereliction of Constitutional Duties: Example: Recently in Punjab and earlier in Rajasthan, the Governor refused to convene the Assembly session on the recommendation of the State Cabinet (Articles 163 and 174).
Increasing Tussle with Elected Governments: Example: In January 2023, the Tamil Nadu Governor refused to read certain parts of the Governor’s address.
Misuse of Article 200: Indefinite withholding of assent to Bills, leading to a deadlock between the executive and legislative branches. Example: Tamil Nadu.
Misuse of Discretionary Powers:
1. President’s Rule: Article 356 has been invoked over 125 times, often for political reasons rather than a genuine breakdown of constitutional machinery in the States.
2. Appointment of CM during a hung assembly: Determining the time needed for a party to prove its majority, or deciding which party should be called first. Example: Recent case in Maharashtra.
University Chancellorship: Governors being vested with other roles, such as university chancellorship, creates controversies, as seen in Kerala.
Lack of Accountability: There are few checks on Governors’ conduct and little means to hold them accountable.

Measures needed to strengthen the office of the Governor:

Code of Conduct: Establish a code endorsed by all levels of government to guide Governors.
Codify Discretionary Powers: Set boundaries and mandate adherence to Cabinet advice.
Amend Article 155: Reform the process for Governor appointments and removals based on the Punchhi and Sarkaria Commission reports.
Follow Judicial Guidance:
1. Supreme Court (SC) recently ruled that bills sent to the Governor for assent must be returned “as soon as possible.”
2. Shamsher Singh case (1974): The Governor should not go against the advice of the Council of Ministers.
3. S.R. Bommai Judgment (1994): SC defined the proper instances of failure of constitutional machinery (President’s Rule).
4. Rameshwar Prasad case (2006): Motivated or whimsical conduct of the Governor is subject to judicial review.
5. Nabam Rebia Judgment (2016): SC ruled that the Governor’s discretionary powers under Article 163 are limited and not arbitrary.
6. Hargovind Pant vs. Raghukul Tilak case (1979): SC observed that the office of the Governor is independent and not subordinate to the Central government.

Conclusion:

Governors must act according to their constitutional mandate, not as political agents. An active but unbiased Governor’s office can strengthen the Union-State relationship and enhance the federal structure.

Article 153 provides for the office of a Governor for every state. The Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e., President).

Constitutional Duties	Working as Agent of center
Art 164 : He appoints the Chief Minister and other ministers. They also hold office during his pleasure.	Governor’s discretionary powers to invite the leader of the largest party/alliance, post-election, to form the government has often been misused to favour the political party at center.
Article 163 – Council of Ministers to aid and advise Governor	Constitutional misadventure: The Tamil Nadu Governor sacked a Minister without the Chief Minister’s advice.
Art 356 : He can recommend the imposition of constitutional emergency in a state to the President.	Article 356 has been used more than 125 times. In almost all cases it was used for political considerations rather than any genuine breakdown of constitutional machinery in the States.
Art 174: He has the right of summoning or proroguing the state legislature and dissolving the State Legislative Assembly.	Recently in Punjab and earlier in Rajasthan, the Governor refused to convene the Assembly session on the recommendation of the State Cabinet. Recently, the Supreme Court (SC) has held that the decision of the (former) Governor of Maharashtra to call for a Floor Test, asking the then Chief Minister to prove his majority in the house, was not justified.
Art 176 : He can address the state legislature at the commencement of the first session after each general election and the first session of each year.	In January 2023, the Tamil Nadu Governor refused to read some parts of the Governor’s address at the beginning of the State Legislative Assembly session.
Art 200 : The Governor, upon receiving a bill passed by the state legislature, can either assent, withhold assent, return for reconsideration, or reserve it for the President’s consideration.	Indefinite withholding of assent to Bills :Several Bills passed by the Tamilnadu state Assembly have been pending as the Governor has not made any decision.
Art. 161 : He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence	Governor’s Delay on Mercy Petition : Earlier in January 2021, in a case of mercy petition, the SC noted that the Governor cannot reject the state’s recommendation

Due to such instances of misuse of discretionary powers and favoritism towards the ruling party at the Centre, Governors are often labeled with negative terms like “agent of the Centre,” “puppet,” and “rubber stamp.”

Way Forward

Governor’s Discretion: governor must act judiciously, impartially and efficiently while exercising his discretion and personal judgment.
Establish a ‘Code of Conduct’ endorsed by all levels of government to guide governors.
Codify discretionary powers, set boundaries, and mandate adherence to Cabinet advice.
Amend Article 155: Reform governor appointments and removals based on Punchhi and Sarkaria Commission reports.
SC in the Hargovind Pant vs. Raghukul Tilak Case of 1979 observed that:
- the office of the Governor of State is not an employment under the Central government.
- the office of the Governor of State is an independent constitutional office and is not under the control of or subordinate to the Central government.

Thus, The Governors should act according to their Constitutional mandate, rather than acting as political agents. Upholding the principles of neutrality, fairness, and impartiality is crucial for Governors to safeguard the democratic fabric of the state administration.