Role of Governors in Indian States: Constitutional Significance

1. Constitutional Basis:
2. • Governors are appointed under Article 153, with one Governor per state (some serve multiple states).
   • Article 156 allows a five-year term, subject to the President’s pleasure.
2. Appointment Process:
3. • Appointed by the President on the advice of the Union Council of Ministers.
   • No fixed eligibility criteria, but typically senior politicians, retired bureaucrats, or judges.
3. Executive Powers:
4. • Acts as the constitutional head of the state, exercising powers on the advice of the Council of Ministers (Article 163).
   • Appoints the Chief Minister, Council of Ministers, and key officials like the Advocate General.
4. Legislative Powers:
5. • Summons, prorogues, and dissolves the state legislature (Article 174).
   • Can reserve bills for the President’s consideration or return non-money bills for reconsideration.
   • Addresses the legislature and nominates one Anglo-Indian member (provision now expired).
5. Judicial and Financial Roles:
6. • Grants pardons or reprieves for state offenses (Article 161), excluding death sentences.
   • Ensures state budgets are presented; money bills require prior approval.
6. Discretionary Powers:
7. • Acts independently in cases like dismissing a ministry lacking majority, recommending President’s Rule (Article 356), or resolving hung assemblies.
   • Discretion often leads to friction with state governments.
7. Historical Evolution:
8. • Derived from the Government of India Act, 1935, where Governors had overriding powers.
   • Post-independence, the role became ceremonial, akin to the President’s, but retains significant influence in crises.
8. Controversies:
9. • Accusations of Governors acting as Union government agents, especially in opposition-ruled states.
   • Examples: Delays in bill assent, interference in state politics (e.g., Karnataka 2018, Maharashtra 2019).
   • Sarkaria Commission (1988) and Punchhi Commission (2010) recommended reforms for impartiality.
9. Federal Tensions:
10. • Conflicts arise when Governors overstep constitutional bounds, undermining state autonomy.
    • Supreme Court rulings (e.g., S.R. Bommai case, 1994) limit arbitrary use of Article 356.
10. Reform Suggestions:
11. • Proposals include fixed tenure, consultation with states for appointments, and clearer guidelines on discretion.
    • Aim to balance federalism with constitutional duties.

Key Terms:

• Governor: Constitutional head of a state, appointed by the President.
• Article 153: Constitutional provision establishing the office of Governor.
• Article 356: Allows President’s Rule in states, often recommended by Governors.
• Discretionary powers: Governor’s authority to act independently in specific situations.
• Federalism: Division of powers between Union and states in India’s Constitution.
• Sarkaria Commission: Panel recommending reforms for Centre-state relations.
• President’s Rule: Central takeover of state governance during crises.

Link To The Original Article – https://www.thehindu.com/news/national/why-do-we-have-governors-in-every-state-explained/article69445628.ece