Model Answer
0 min readIntroduction
The Governor, as a representative of the Union Government in a state, occupies a unique position in the Indian federal structure. Originally envisioned as a titular head, the role has evolved significantly over time, particularly in the context of coalition governments and hung assemblies. Recent years have witnessed increased scrutiny of the Governor’s actions, with accusations of partisanship and exceeding constitutional limits. The office, enshrined in Articles 155-167 of the Constitution, has become a focal point of Centre-State relations, demanding a critical examination of its contemporary relevance and functioning.
Constitutional Provisions & Historical Context
The Constitution designates the Governor as the head of the state, appointed by the President (Article 155). The Governor’s powers can be broadly categorized into executive, legislative, judicial, and discretionary. Historically, the Governor’s role was largely ceremonial, adhering to the advice of the Council of Ministers. However, the exercise of discretionary powers, particularly during periods of political instability, has been a source of contention.
Evolution of the Governor’s Role: From Sarkaria to Present
The Sarkaria Commission (1988) provided significant recommendations regarding the Governor’s role, emphasizing neutrality and adherence to constitutional conventions. It advocated for consultation with the Chief Minister before appointing key officials and stressed the need for avoiding direct involvement in state politics. However, post-Sarkaria, several instances have demonstrated a deviation from these principles.
- Coalition Era (1990s-2000s): Governors frequently played a crucial role in government formation, often invoking their discretionary powers. This led to accusations of bias and horse-trading.
- Post-2014 Trends: A noticeable trend has been the increased involvement of Governors in state affairs, particularly in states ruled by opposition parties. This includes summoning assemblies for floor tests, delaying assent to bills, and reporting directly to the Centre on state governance.
Recent Controversies & Judicial Interventions
Several recent instances have brought the Governor’s role under intense scrutiny:
- Maharashtra (2019): The Governor’s decision to invite Devendra Fadnavis to form the government despite lacking a clear majority, and the subsequent revocation of President’s Rule, was challenged in the Supreme Court.
- Karnataka (2018): The Governor’s decision to invite B.S. Yeddyurappa to form the government despite not having a majority was also contested, ultimately leading to a floor test.
- West Bengal (2022-2023): Frequent clashes between the Governor and the state government over various issues, including appointments to universities and the implementation of central schemes, highlighted the growing friction.
The Supreme Court, in several judgments, has reiterated the Governor’s duty to act on the aid and advice of the Council of Ministers, emphasizing that the Governor is not a substitute for the elected government. The S.R. Bommai v. Union of India (1994) case established limitations on the President’s (and by extension, the Governor’s) power to dismiss a state government.
Critical Evaluation: Challenges & Concerns
The contemporary role of the Governor faces several challenges:
- Politicization of the Office: The appointment of Governors with political backgrounds raises concerns about their neutrality and impartiality.
- Erosion of Federalism: Over-intervention by the Governor can undermine the autonomy of state governments and disrupt the federal balance.
- Lack of Clear Guidelines: The absence of comprehensive guidelines on the exercise of discretionary powers creates ambiguity and opportunities for misuse.
- Accountability Deficit: The Governor is not directly accountable to the state legislature, making it difficult to address instances of misconduct.
Potential Reforms
To address these challenges, several reforms have been suggested:
- Constitutional Amendment: Clarifying the scope of discretionary powers and establishing a mechanism for accountability.
- National Commission on Governors: Establishing a permanent commission to oversee the appointment and functioning of Governors.
- Strengthening Constitutional Conventions: Reinforcing the principles of neutrality and adherence to the aid and advice of the Council of Ministers.
Conclusion
The role of the Governor in recent times has been marked by increasing politicization and controversies, raising concerns about the health of Indian federalism. While the office remains constitutionally important, its contemporary functioning necessitates critical evaluation and reform. Upholding the principles of neutrality, accountability, and adherence to constitutional conventions is crucial to ensure that the Governor serves as a bridge between the Centre and the states, rather than a source of conflict. A more clearly defined and ethically grounded role for the Governor is essential for strengthening the foundations of India’s democratic polity.
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.