Governor

Introduction

The office of the Governor is one of the pivotal constitutional positions in Indian polity. As the constitutional head of a state, the Governor acts as a vital link between the Union and State governments. For UPSC aspirants, understanding the powers, responsibilities, and controversies surrounding this office is crucial for excelling in the examination.

This eBook will provide a detailed exploration of the Governor’s role, including constitutional provisions, functions, discretionary powers, and the debates associated with this office.

Constitutional Framework

The role of the Governor is enshrined in Part VI of the Constitution of India. Articles 153 to 162 deal with the Governor and his/her functions.

  1. Appointment:

    • The Governor is appointed by the President of India under Article 155.
    • He/she holds office at the pleasure of the President and serves a term of five years (Article 156).
  2. Qualifications:

    • The individual must be a citizen of India.
    • Must have completed 35 years of age.
    • Should not hold any office of profit.
  3. Oath of Office: Administered by the Chief Justice of the concerned High Court under Article 159.

Powers and Functions of the Governor

The Governor’s role encompasses executive, legislative, financial, and judicial powers.

  1. Executive Powers:

    • Appoints the Chief Minister and other council of ministers.
    • Acts on the advice of the council of ministers, as per Article 163.
    • Appoints key officials like the Advocate General and members of the State Public Service Commission.
    • Exercises control over district administration in Union Territories without a legislative assembly.
  2. Legislative Powers:

    • Summons and prorogues state legislative sessions.
    • Can dissolve the State Legislative Assembly.
    • Gives assent to bills, withholds assent, or reserves certain bills for the President’s consideration.
    • Issues ordinances under Article 213 when the state legislature is not in session.
  3. Financial Powers:

    • Ensures the annual budget is laid before the state legislature.
    • Recommends the introduction of money bills in the legislature.
    • Exercises control over the Contingency Fund of the state.
  4. Judicial Powers:

    • Has the power to grant pardons, reprieves, respites, or remissions of punishment for offenses against state laws.

Discretionary Powers of the Governor

While the Governor is generally bound by the advice of the council of ministers, there are certain instances where discretionary powers can be exercised:

  1. Appointment of the Chief Minister:

    • In case of a hung assembly, the Governor has discretion in appointing the Chief Minister.
  2. Recommendation of President’s Rule:

    • Under Article 356, the Governor can recommend to the President that the state is not functioning per constitutional provisions.
  3. Reservation of Bills:

    • The Governor can reserve certain bills passed by the state legislature for the President’s consideration.
  4. Ordinance Issuance:

    • Though issued on the advice of ministers, the Governor may use discretion in some instances.

Controversies and Criticisms

The office of the Governor has often been a subject of political debate. Key controversies include:

  1. Partisan Role: Critics argue that Governors sometimes act as agents of the Union government rather than impartial constitutional heads.
  2. Frequent Dismissals: Instances of dismissal of state governments based on the Governor’s recommendation have drawn criticism.
  3. Delay in Decision-Making: Delays in granting assent to bills or recommending President’s Rule have led to allegations of misuse of discretionary powers.

Recommendations for Reform

Various commissions and committees have suggested reforms to enhance the office’s neutrality and effectiveness:

  1. Sarkaria Commission:

    • Emphasized that the Governor should be a non-partisan figure.
    • Recommended consulting the Chief Minister before appointing the Governor.
  2. Punchhi Commission:

    • Proposed a fixed tenure for Governors.
    • Suggested restricting the power to recommend President’s Rule.
  3. Judicial Interventions:

    • Supreme Court rulings, such as the S.R. Bommai case, have defined limits on the Governor’s discretionary powers.

Relevance for UPSC Aspirants

For civil service aspirants, the Governor’s role is significant in understanding the interplay between federalism and state autonomy. Questions in Prelims, Mains, and Interviews often require knowledge of:

  1. Constitutional Provisions: Articles and their implications.
  2. Current Affairs: Recent instances of controversies or reforms.
  3. Analytical Perspective: Evaluating the balance of power between the Union and states.

Conclusion

The Governor’s office symbolizes the federal structure of India, ensuring coordination and balance between the Union and state governments. While criticisms persist regarding the misuse of powers, reforms and judicial clarifications aim to strengthen this institution. A thorough understanding of the Governor’s role equips aspirants to tackle diverse questions in the UPSC exam effectively.

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