Role of Governor is crucial in the context of state governance. He is vested with executive powers to ensure that state government functions smoothly. If a situation arises where the constitutional machinery in the state fails, the Governor can recommend President's Rule (Article 356) to the President of India. Articles 153 to 167 in Part VI of the Constitution deal with the State Executive of which the Governor is an integral part. The UPSC Indian Polity and Governance Syllabus includes The Governor which is described in this article.

Role of Governor

• The Governor is the state's chief executive head. But, like the President, he/she is only a ceremonial head of state (titular or constitutional head).
• In addition, the Governor serves as a representative of the Union Government. Thus, the Governor's office serves a dual purpose.
• Normally, each state has its own Governor, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same individual as Governor of two or more states.

Powers of Governor

The State's Governor will have executive, legislative, financial, and judicial powers. He does not, however, have the diplomatic, military, or emergency powers that India's President possesses.

Executive Powers

• In the name of the Governor, the council of ministers exercises the executive functions. As a result, the Governor is simply a ceremonial head, while the Council of Ministers is the real executive.
• He/she is the state's constitutional head and picks the majority party's leader as the Chief Minister.
• He/she can ask the Chief Minister for any information that he/she wants.
• The Governor appoints the State's Attorney General, chairman, and members of the State Public Service Commission.
• He/she has the authority to recommend to the President that a constitutional emergency be declared in the state.
• As an agent of the President, the Governor has significant executive powers during the President's administration in the state.

Legislative Powers

• The Governor is part of the state legislature and no bill cannot become a law until he/she signs it.
• He/she can withhold a bill and send it to the President for consideration.
• He/she can also dissolve the state assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
• He/she causes the annual budget to be presented in the state legislative assembly.

Judicial Powers

• The Governor appoints the district judges and is consulted in the appointment of the judges of the High Court by the President.
• He/she can pardon, remit, and commute the sentence of a person convicted by a state court.

Financial Powers

• He/she causes the annual budget to be laid before the state legislative assembly.
• No money bill can be introduced in the state legislative assembly without the Governor’s prior approval.

Discretionary Powers

The Governor has the following discretionary powers:

• If no party receives an absolute majority, the Governor can choose the Chief Minister at his/her discretion.
• In an emergency, he/she can override the advice of the council of ministers and in such situations, he/she acts as the President's agent and becomes the true ruler of the state.
• He/she utilizes the discretionary authority to submit a report to the President on the state's activities.
• He/she can also withhold assent to a bill and refer it to the President for approval.

Issues with the Office of Governor

• Partisan Appointments: Often, the appointment of Governors has been seen as politically motivated, with Governors being selected based on their party affiliations rather than their suitability for the role. It has been accused as a resting place for loyal politicians and docile bureaucrats.
• Role in Centre-State Relations: The Governor is supposed to act as a link between the central government and the state government. However, Governors have sometimes been accused of favouring the central government's interests over those of the state government, especially when there is a change in the political party at the centre. Eg. Governors send bills passed by State Legislature for Presidential assent, even in bills which do not usually require the President’s assent.
• Interference /obstruction in state‘s affairs: There have been cases where governors have delayed or withheld assent to bills which affect not just governance but also the development of the state. Eg.Obstruction of bills like the Medical Examination Bill passed by the Tamil Nadu state legislature and Kolkata Municipal Corporation Bill passed by the West Bengal state legislature.
• Dismissal of State Governments: The power of Governors to dismiss state governments under Article 356 of the Constitution (President's Rule) has been controversial. This provision has been misused several times to dismiss state governments on political grounds rather than on genuine constitutional crises.
• Lack of Fixed Tenure: Lack of a fixed tenure can sometimes lead to Governors being replaced abruptly for political reasons, undermining the continuity and stability of the office. Eg. Mass removal of governors in 2014 after a change in government.

Reforms Recommended by Various Commissions

Sarkaria Commission

• He/She should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past.
• He/She should have a fixed tenure and it should not be disturbed except for some extremely compelling reasons.
• Chief Minister should be consulted while appointing the governor.
• Governor should act with the aid and advice of the Council of Ministers, except in cases where the Governor is required to act in his/her discretion.
• In case of a hung assembly, the Governor should first explore the possibility of forming a government through a coalition of parties that has the widest support in the legislature.

Punchhi Commission

• He/She should be detached from active politics for at least two years prior to his appointment.
• He must be appointed after consultation with the Chief Minister of the State concerned.
• A committee should be formed that is entrusted with the task of appointment of Governors. This committee may comprise the Prime Minister, the Home Minister, the Lok Sabha's Speaker and the concerned Chief Minister of the State.
• Deletion of the Doctrine of Pleasure from the Constitution.
• The tenure of office must be guaranteed and should not be disturbed except extremely compelling reasons and if any action is to be taken against him/her.
• It also recommended the Governor's impeachment by the State Legislature.

National Commission to Review the Working of the Constitution (NCRWC) (Venkatachaliah Commission)

• A committee should be constituted comprising the prime minister, the home minister, the speaker of the Lok Sabha and the chief minister of the concerned state for the appointment of the governor.
• Fixed tenure of five years should be given to the governor unless he/she resigns or is removed by the President.
• Governor should not interfere in the day-to-day administration of the state. He should act as a friend, philosopher and guide to the state government and use his discretionary powers sparingly.
• Chief Minister should be consulted before the removal of the governor.

Conclusion

The office of the Governor in India, a vital constitutional position within the federal structure, has encountered persistent criticism and challenges over the years. There is a need for reforms aimed at depoliticizing appointments, clarifying constitutional roles, fostering cooperative relationships with state governments, and promoting transparency and accountability. Such reforms are essential to enhancing the effectiveness and credibility of the Governor's office.

FAQs

MCQs

1. How is the Governor of a state appointed?

A) By the Chief Minister
B) By the President of India
C) By the Prime Minister
D) By the state legislature

2. Which of the following powers is a discretionary power of the Governor?

A) Assenting to bills
B) Summoning the state legislature
C) Reserving a bill for the President's consideration
D) Appointing ministers

3. What is the tenure of a Governor in a state?

A) 4 years
B) 5 years
C) 6 years
D) No fixed tenure

4. In which of the following situations can the Governor exercise their discretionary powers?

A) During the election of the Chief Minister
B) When no party has a clear majority
C) When passing a financial bill
D) During the approval of the state budget

5. What is the Governor's role in issuing ordinances?

A) The Governor can issue ordinances only during the budget session
B) The Governor can issue ordinances only with the approval of the Chief Minister
C) The Governor can issue ordinances when the state legislature is not in session
D) The Governor cannot issue ordinances

GS Mains Questions and Answers

Q1: Discuss the discretionary powers of the Governor and their relevance in maintaining the balance between the state and the central government.

Answer: The discretionary powers of the Governor serve as a constitutional mechanism to maintain the balance between the state and the central government. These powers enable the Governor to act independently in specific situations, such as the formation of a government when no party has a clear majority, or when there is political instability in the state.

The Governor can also reserve certain bills for the President's consideration, particularly if the bill affects the powers of the central government or has broader national implications. These discretionary powers, while limited, play a critical role in preventing constitutional crises and ensuring that the state's governance aligns with national interests. However, the use of these powers must be carefully balanced to avoid undue interference by the central government in state affairs.

Q2: Explain the role of the Governor in the legislative process of a state and how it affects the functioning of the state legislature.

Answer: The Governor plays a key role in the legislative process of a state by granting assent to bills passed by the state legislature. Without the Governor's assent, a bill cannot become law. The Governor also has the power to withhold assent, return the bill for reconsideration (except money bills), or reserve the bill for the President’s consideration.

In addition, the Governor can issue ordinances when the state legislature is not in session, providing an important tool for the state executive to address urgent legislative needs. The Governor’s role ensures that the state legislature functions within the constitutional framework, but it also means that the executive branch can influence the legislative process through the Governor’s actions.

Q3: Evaluate the criticism surrounding the role of the Governor in Indian federalism, particularly in terms of political neutrality.

Answer: The role of the Governor in Indian federalism has been a subject of criticism, particularly regarding political neutrality. While the Governor is expected to act as a neutral constitutional authority, there have been instances where Governors have been accused of acting under the influence of the central government. This has raised concerns about the misuse of the Governor’s discretionary powers, especially during the formation of governments or in situations of political instability.

The frequent removal or transfer of Governors by the central government has also led to allegations of undermining the federal structure of India. Critics argue that the Governor’s position has been politicized, affecting the autonomy of state governments. To address these concerns, there have been suggestions for reforms, such as clearer guidelines on the use of discretionary powers and greater independence in the appointment process, to ensure that the Governor can function as an impartial constitutional authority.

Previous Year Questions on Role of Governor

1. UPSC CSE Prelims 2020:

Question: Which of the following powers can the Governor exercise at their discretion?

A ) Dissolving the state assembly
B) Reserving a bill for the President's consideration
C) Summoning the state legislature
D) Passing a money bill

Answer: B

Explanation: The Governor can reserve a bill for the President’s consideration at their discretion, especially when the bill may conflict with national laws or have broader implications beyond the state.

2. UPSC CSE Mains 2021 (GS Paper 2):

Question: "The role of the Governor in India’s federal structure is often a point of contention between the central and state governments." Analyze the reasons behind this contention and suggest measures to ensure the Governor’s role remains neutral and constitutional.

Answer: The role of the Governor in India's federal structure is a contentious issue because of the perception that Governors sometimes act as agents of the central government, especially during the formation of governments or imposition of President’s Rule. The discretionary powers of the Governor, particularly in politically sensitive situations, have often been a source of tension between state and central governments. The lack of clear guidelines on the use of these powers and the frequent transfers of Governors add to this controversy.

To ensure that the Governor’s role remains neutral and constitutional, there is a need for reforms, including greater clarity in the Constitution regarding the use of discretionary powers, a more transparent appointment process, and ensuring fixed tenures for Governors to reduce the influence of the central government. These measures would help strengthen the federal structure and reduce friction between the central and state governments.

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