REMOVAL OF GOVERNOR -
POLITY
News: How Governors can be removed
from office
What's in the news?
● Dravida
Munnetra Kazhagam (DMK) leader TR Baalu on Tuesday (November 1) urged “all
like-minded MPs” to support a proposal to remove the Tamil Nadu governor, R N
Ravi.
Governor appointment and
removal:
● Under
Article 155 and 156 of the
Constitution, a Governor is appointed by the President and holds office “during
the pleasure of the President”.
● If
this pleasure is withdrawn before completion of the five-year term, the
Governor has to step down.
● 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.
Powers of Governor:
● Although
envisaged as an apolitical head who must act on the advice of the council of
ministers, the Governor enjoys certain powers granted under the Constitution,
such as giving or withholding assent to
a Bill passed by the state legislature, assenting to the convening of the state
legislative assembly, determining the time needed for a party to prove its
majority, and which party must be called first do so, generally after a hung
verdict in an election.
What happens in case of
disagreements?
● There
are no provisions laid down in the Constitution for the manner in which the
Governor and the state must engage publicly when there is a difference of
opinion.
● The
management of differences has traditionally been guided by respect for each
other’s boundaries.
SC Judgement:
● In
BP Singhal vs Union of India (2010),
the Supreme Court elaborated on the pleasure doctrine. It upheld that “no
limitations or restrictions are placed on the ‘at pleasure’ doctrine”, but that
“does not dispense with the need for a cause for withdrawal of the pleasure”.
Sarkaria Commission:
● The
Sarkaria Commission had recommended that Governors are not sacked before
completing their five-year tenure, except in “rare and compelling”
circumstances.
● Recommendations
have also been made for a provision to impeach the Governor by the Assembly.
However, none of these have been implemented.