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:

  1. The issues of selecting the Chief Minister.
  2. Determining the timing for proving legislative majority.
  3. Demanding information about day-to-day administration.
  4. Taking apparently a long time in giving assent to bills or reserving bills for the President.
  5. Commenting adversely on specific policies of the state government.
  6. Exercising powers of the governor as the chancellor of state universities.
  7. Misuse of Article 356.

 

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.