GOVERNOR OF STATES - POLITY
News: Justice
Nazeer among new Governors appointed by President Murmu; Maharashtra Governor
Koshyari’s resignation accepted
What's in the news?
● Former
Supreme Court judge Justice S. Abdula Nazeer is among the six new faces who
were appointed as Governors by President Droupadi Murmu.
● The
President also accepted the resignations of Maharashtra Governor Bhagat Singh
Koshyari and Ladakh Lieutenant Governor R.K. Mathur in the latest gubernatorial
reshuffle.
Key takeaways:
● Justice
Nazeer (retd) - Governor of Andhra Pradesh
● Biswa
Bhushan Harichandan- Governor of Chattisgarh
● Gulab
Chand Kataria - Governor of Assam
● Lakshman
Prasad Acharya - Governor of Sikkim
● C.P.
Radhakrishnan - Governor of Jharkhand
● Shiv
Pratap Shukla - Governor of Himachal Pradesh
● Ramesh
Bais - Governor of Maharashtra
● Brig.
B.D. Mishra (retd) - Governor of Ladakh
● Lt.
Gen. K.T. Parnaik (retd) - Governor of Arunachal Pradesh
● Anusuiya
Uikye - Governor of Manipur
● La
Ganesan - Governor of Nagaland
● Rajendra
Vishwanath Arlekar - Governor of Bihar
● Phagu
Chauhan - Governor of Meghalaya.
Governor in Parliamentary System:
● The
position, role, powers, and conditions of office of the Governor are described
in Articles 153-161 of the Constitution.
● The
position of Governor is similar to that of the President at the Union. He is at
the head of the state’s executive power,
and barring some matters, acts on the advice of the council of ministers, which
is responsible, in accordance with the parliamentary system, to the state
legislature.
Appointment:
● The
Governor is appointed by the President
(on the advice of the central government) and, therefore, acts as the vital
link between the Union and the State Governments.
Removal:
● The
Governor holds office “during the pleasure of the President”.
● As
the President works on the aid and advice of the Prime Minister and the council
of ministers, in effect, the Governor can be appointed and removed by the central
government.
Governor and State Council of Ministers:
● A
Governor is a representative of the Union Government in states.
● Article 163
of the Constitution says the Governor will normally be aided and advised by the
Council of Ministers except in those functions which require his discretion.
● While
the Governor’s duties and responsibilities lie in a particular state, there is
no provision for impeaching the Governor.
Constitutional Discretions of Governor in Federal
India:
The
Governor has constitutional discretions in the following cases.
● The
Governor can dissolve the legislative assembly if the Chief Minister advises
him to do following a vote of no
confidence. Following which, it is up to the Governor what he/ she would
like to do.
● The
Governor can recommend the president about the failure of the constitutional machinery in the state.
● The
Governor can reserve a bill passed
by the state legislature for the president's assent.
● The
Governor can appoint anybody as Chief Minister if there is no political party with a clear-cut majority in the assembly.
● The
Governor can seek information from the
chief minister with regard to the administrative and legislative matters of
the state.
● The
Governor can refuse to sign an ordinary
bill passed by the state legislature.
Issues with Governor in Federal India:
Various Committees recommendations: The
following are the various committees recommendations to tackle the partisan
role of Governor.
1. National Commission to Review the Working of the
Constitution:
● The
National Commission to Review the Working of the Constitution appointed by the
Atal Bihari Vajpayee government in 2000 recommended significant changes in the
selection of Governors.
● The
Commission suggested that the Governor
of a State should be appointed by the President, after consultation with the
Chief Minister of that State.
● Normally
the five year term should be adhered to and removal or transfer of the Governor
should be by following a similar procedure as for appointment i.e., after
consultation with the Chief Minister of the concerned State.
2. Sarkaria Commission:
● The
Sarkaria Commission, set up in 1983 to look into Centre-state relations,
proposed that the Vice President of India and Speaker of Lok Sabha should be
consulted by the Prime Minister in the selection of Governors.
● The
Sarkaria Commission had recommended that Governors are not sacked before
completing their five-year tenure, except in “rare and compelling”
circumstances.
● A
politician from the federal government's dominant party should not be appointed
Governor of a state ruled by another party or a coalition of parties.
● After
consulting with the Chief Minister of the State in question, he must be
nominated.
● He
should be a well-known figure in some field.
● He
should come from outside the country and be a distant figure who isn't too
involved in the country's local politics.
● He
should be someone who hasn't been involved in politics in the past, especially
in the recent past.
● People
who are members of minority groups should be given an opportunity.
● His
term in office must be assured, and he should not be removed from office unless
there are exceptionally compelling grounds or if disciplinary action is being
taken against him. He must be given a reasonable opportunity to demonstrate his
case against the grounds for his removal. In the event that the Governor is
terminated or resigns, the Government should present a statement to both Houses
of Parliament detailing the reasons that led to the removal or resignation, as
the case may be.
● After
he leaves office, he should be barred from holding any other constitutional
position other than Governor, Vice-President, or President.
● He
is not an agent of the Centre just because he prepared a report pursuant to
Article 356. He does so because he swears allegiance to the Constitution, the
law, and the people of the state. He must be satisfied that there is a genuine
breakdown of constitutional machinery, which he must report in the public
interest.
● Reasonable
post-retirement benefits should be offered at the end of his service.
3. Punchhi Commission on Governor:
● He
should be from outside the State and a
detached figure not too connected with the local politics of the State.
● He
should be a person who has not taken an
active part in politics, generally and particularly in the recent past at
least two years prior to his appointment.
● He
must be appointed after consultation
with the Chief Minister of the State concerned.
● A
committee should be formed that is
entrusted with the task of appointment of Governors. This committee may
comprise the Prime Minister, the Home Minister, the Lok Sabha's Speaker and the
concerned Chief Minister of the State.
● Deletion of the Doctrine
of Pleasure from the Constitution. His tenure of
office must be guaranteed and should not be disturbed except extremely
compelling reasons and if any action is to be taken against him. He must be
given a reasonable opportunity for showing cause against the grounds on which
he is sought to be removed.
● In
case of such termination or resignation by the Governor, the Government should
lay before both the Houses of Parliament a statement explaining the
circumstances leading to such removal or resignation, as the case may be.
● Recommendation
of provision for the Governor's
impeachment by State Legislature.