On July 28, President Droupadi Murmu appointed new Governors for various states, including Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh. Assam’s Lakshman Prasad Acharya was also given additional responsibilities for Manipur.
Governors, appointed by the President of India, act as the Centre’s representatives in the states. The appointment process and the nature of their role can sometimes lead to tensions with state governments.
How Governors Are Appointed
According to Article 153 of the Indian Constitution, “There shall be a Governor for each State.” An amendment in 1956 allowed one person to serve as Governor for multiple states. Article 155 states that the President appoints Governors through a formal warrant, and under Article 156, Governors serve at the President’s pleasure, with a standard term of five years.
Qualifications and Office Conditions
Articles 157 and 158 establish that Governors must be Indian citizens who are at least 35 years old. They cannot serve as members of Parliament or state legislatures, and they must not hold any other office that provides profit. Additionally, these requirements ensure that Governors maintain the necessary qualifications for their role.
The Governor-State Government Relationship
The Governor should serve as an apolitical figure and follow the advice of the state’s Council of Ministers. Consequently, the role demands adherence to the recommendations made by this council. However, friction often arises due to the significant powers held by the Governor, including approving bills, determining majority in the Assembly, and addressing hung verdicts. Historically, Governors have faced accusations of acting on central government orders, especially during political disagreements.
Sources of Friction
Governors’ political appointments have led to conflicts, with accusations of partiality, as seen with Governors like R N Ravi and Arif Mohammed Khan. Constitutional experts argue that this tension is rooted in the Governor’s accountability primarily to the Centre rather than the state. There are no impeachment provisions for Governors, which can result in prolonged conflicts between state and central governments.
The National Commission to Review the Working of the Constitution highlighted these issues, noting that the role of Governors often leads to perceptions of them being “agents of the Centre.
The Governor’s Role and Its Complex Relationship with State Governments
The role of the Governor is intended to be a neutral figure who acts on the advice of the state’s Council of Ministers. This position, envisioned by the Indian Constitution, often becomes contentious due to its interaction with state governments.
Appointment and Tenure
State Governors serve as the central government’s representatives in their respective states. The President of India appoints them according to Article 155 of the Indian Constitution, which requires the President to issue a formal warrant. Governors typically hold office for five years but may be removed earlier if the President withdraws their approval.
Qualifications for Appointment
To qualify for the role, a Governor must be an Indian citizen, at least 35 years old, and must not hold any other public office or be a member of Parliament or a state legislature. This ensures that the Governor is independent of active political roles.
Governor-State Government Dynamics
While the Governor must remain apolitical, the role includes significant functions that impact state governance. Article 163 requires the state’s Council of Ministers, led by the Chief Minister, to advise the Governor on most matters. However, the Governor also holds discretionary powers, such as approving or rejecting state bills and overseeing the formation of governments during hung elections.
Political Tensions
Over time, the role of the Governor has sparked controversy, especially when state governments view them as representing the central government. This perception has fueled accusations of Governors acting as “agents of the Centre,” particularly during periods of political discord between central and state authorities. In recent years, heated disputes have arisen, with some Governors facing allegations of biased actions.
Challenges and Reforms
Experts argue that the role of the Governor, originally intended to be non-partisan, has become entangled in political issues. Critics point out the lack of accountability mechanisms, such as impeachment, and highlight the challenges posed by the Governor’s allegiance to the central government.The 2001 National Commission report criticized the role, highlighting that Governors often act in line with central instructions instead of maintaining neutrality. Consequently, this perception fuels criticism and impacts the Governors’ impartiality. As a result, stakeholders frequently debate the effectiveness and impartiality of the office
For a deeper understanding of how the Governor’s role influences state politics and the ongoing debates around potential reforms, follow our detailed coverage and analysis.
How the Governor’s Role Shapes Central-State Dynamics and Explore Potential Reforms
The Governor’s role in India’s federal system significantly influences the interplay between central and state governments. Here’s a detailed look at how this role affects governance and the current discussions on potential reforms:
Influence on Central-State Relations
- Constitutional Role:
- Appointments and Tenure: Appointed by the President, Governors act as the central government’s representatives in states. Their tenure, while typically five years, can be affected by political shifts.
- Legislative Power: Governors can veto state bills or delay assent, impacting the legislative process and state governance.
- Executive Functions:
- Appointment of Chief Ministers: Governors appoint the Chief Minister and can dissolve the state legislature, influencing state politics and stability.
- Emergency Powers: In times of political instability or emergency, Governors can assume greater control, further intertwining central and state powers.
- Judicial and Other Roles:
- Pardons and Reprieves: Governors have the authority to grant clemency, which can influence state-level justice and politics.
- Emergency Provisions: They can declare President’s Rule in a state, which can centralize power and affect state autonomy.
Political and Constitutional Challenges
- Perceived Bias:
- Political Appointments: Critics often view Governors as political appointees, which can lead to accusations of bias toward the central government and strain relations with state governments.
- Impact on Governance: When Governors act in alignment with central directives, it can undermine state autonomy and lead to friction between the central and state administrations.
- Lack of Accountability:
- No Impeachment Provision: There is no provision for the impeachment of a Governor, which can lead to concerns about their responsiveness to state needs versus central instructions.
- Limited Transparency: The role’s apolitical ideal is often overshadowed by political realities, impacting governance quality and state-central relations.
Ongoing Discussions on Reforms
- Enhancing Impartiality:
- Reforming Appointment Processes: Discussions focus on making the appointment process more transparent and less influenced by political considerations to ensure impartiality.
- Clarifying Roles and Powers: There are calls to redefine the Governor’s powers to reduce conflicts and enhance their role as neutral arbiters.
- Strengthening State Autonomy:
- Rebalancing Powers: Reform proposals aim to rebalance powers between the central and state governments, ensuring state autonomy while maintaining effective central oversight.
- Legislative Changes: Potential legislative changes aim to address the challenges and friction points, ensuring that the Governor’s role supports rather than undermines state governance.
