Model Answer
0 min readIntroduction
The office of the Governor, as enshrined in the Constitution of India (Articles 155-167), is a pivotal yet often controversial one. Originally conceived as a representative of the Union in the states, the Governor’s role encompasses administrative, legislative, and judicial functions. However, in recent times, there has been a growing perception that the role of the State Governor is increasingly becoming one of a political negotiator and mediator – a ‘diplomatic’ function – rather than a strict administrator. This shift is particularly noticeable in states with coalition governments or where there is a political impasse, leading to debates about the neutrality and constitutional propriety of the Governor’s actions.
Constitutional Basis of the Governor’s Role
The Constitution outlines a dual role for the Governor. Administratively, the Governor is responsible for appointing the Chief Minister (Article 164), dissolving the Legislative Assembly (Article 174), and assenting to bills passed by the state legislature (Article 200). They also act as the head of the state’s administration. However, the Constitution also grants the Governor discretionary powers, particularly in situations where no party has a clear majority or when the government has lost the confidence of the house. These discretionary powers are where the ‘diplomatic’ aspect comes into play.
The Shift Towards a Diplomatic Role: Recent Examples
Several recent instances demonstrate a clear trend towards the Governor acting more as a political mediator than a neutral administrator:
- Maharashtra (2019): The Governor’s decision to invite Devendra Fadnavis to form a government despite the Bharatiya Janata Party (BJP) not having a clear majority, and the subsequent revocation of President’s Rule within days, was widely criticized as a politically motivated move. This highlighted the Governor’s role in facilitating government formation rather than adhering strictly to constitutional norms.
- Karnataka (2018): The Governor’s decision to invite B.S. Yeddyurappa to form the government despite the BJP lacking a majority, and granting him time to prove his majority, was also seen as a controversial exercise of discretionary powers. The subsequent fall of the government and formation of a coalition government underscored the Governor’s role in navigating a complex political situation.
- West Bengal (2022-2023): The frequent communications between the Governor of West Bengal and the central government regarding law and order issues, and the Governor’s public statements on political matters, were perceived as exceeding the constitutional limits of the office and acting as a representative of the central government rather than an impartial head of the state.
- Rajasthan (2023): The Governor’s initial reluctance to summon the assembly session following a political crisis within the Congress party, and the subsequent legal battles, showcased the Governor’s role in a delicate political situation, requiring negotiation and mediation.
Arguments Against the Statement
While the trend towards a more diplomatic role is evident, it’s important to acknowledge that the Governor continues to perform crucial administrative functions. They remain the head of the state’s administration, and their assent is necessary for bills to become law. Furthermore, the Governor’s role in ensuring the smooth functioning of the state legislature and upholding the Constitution remains paramount. The argument that the role is *entirely* diplomatic overlooks these continuing administrative responsibilities.
The Role of Sarkaria Commission and Inter-State Council
The Sarkaria Commission (1988) extensively examined the role of the Governor and recommended guidelines to ensure neutrality and constitutional propriety. It emphasized that the Governor should act as a bridge between the state and the Centre, but should not be seen as an agent of the central government. The Inter-State Council, established under Article 263, aims to promote coordination between the Centre and the states, and the Governor can play a role in facilitating this coordination. However, the effectiveness of these mechanisms in preventing political interference remains a subject of debate.
Impact of Coalition Politics
The rise of coalition governments at the state level has undoubtedly increased the importance of the Governor’s discretionary powers. In situations where no single party has a clear majority, the Governor’s decision on who to invite to form the government can have a significant impact on the political landscape. This has led to increased scrutiny of the Governor’s actions and concerns about political bias.
Conclusion
In conclusion, while the Governor’s constitutional mandate includes both administrative and diplomatic functions, recent trends suggest a growing emphasis on the latter. The examples of Maharashtra, Karnataka, West Bengal, and Rajasthan demonstrate how Governors are increasingly called upon to navigate complex political situations and act as mediators between the state government and the Centre. However, it is crucial to maintain a balance between these diplomatic responsibilities and the Governor’s core administrative duties, upholding the principles of neutrality and constitutional propriety as envisioned by the framers of the Constitution. Strengthening the guidelines for Governor’s conduct, as recommended by the Sarkaria Commission, and promoting greater transparency in their decision-making processes are essential to ensure the integrity of this vital office.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.