The President of India, Droupadi Murmu, recently appointed new Governors for nine states, including Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh. Additionally, Assam Governor Lakshman Prasad Acharya has been given the additional charge for Manipur. The appointment of state Governors, who serve as the Centre’s representatives, is a significant aspect of India's federal structure, and the role and procedures associated with this position are enshrined in the Indian Constitution.
Appointment of State Governors
Article 153 of the Indian Constitution stipulates that "There shall be a Governor for each State." An amendment in 1956 allows the same person to be appointed as Governor for two or more states. According to Article 155, the Governor of a state is appointed by the President of India by warrant under the President’s hand and seal. Article 156 outlines that the Governor holds office at the pleasure of the President, with a normal term of five years. However, the President can withdraw this pleasure at any time, effectively making the central government responsible for the appointment and removal of Governors, as the President acts on the advice of the Prime Minister and the Union Cabinet Ministers
Qualifications for Appointment
Articles 157 and 158 specify the qualifications and conditions for the office of Governor. The individual must be a citizen of India and at least 35 years old. Additionally, the Governor cannot be a member of Parliament or a state legislature and must not hold any other office of profit.
Relationship Between Governor and State Government
The Governor's role is envisaged as an apolitical one, acting on the advice of the state’s Council of Ministers. Article 163 states that there shall be a Council of Ministers, headed by the Chief Minister, to aid and advise the Governor in the exercise of his functions, except in situations where the Constitution mandates the Governor to exercise his discretion.
The Governor holds certain significant powers, such as giving or withholding assent to state legislature bills, determining the time needed for a party to prove its majority in the state assembly, and deciding which party to call first to prove its majority in case of a hung verdict. These powers make the Governor’s position crucial in the state’s political dynamics.
Political Controversies
Over time, Governors have often been perceived as acting on behalf of the central government, leading to accusations from state governments, especially those in opposition, of Governors acting as "agents of the Centre." The Constitution does not provide specific guidelines for public engagement between the Governor and the state government in case of disagreements. Traditionally, mutual respect has guided these interactions, but recent instances have seen bitter exchanges, with accusations of partisan conduct against Governors by state Chief Ministers.
Fundamental Issues
The friction between Governors and state governments arises because Governors are often political appointees. Constitutional experts like Dr Faizan Mustafa and Alok Prasanna highlight that while the Constituent Assembly intended Governors to be apolitical, many Governors are former politicians. This creates a situation where the Chief Minister, answerable to the people, faces a Governor answerable only to the Centre. This fundamental defect in the Constitution, coupled with the absence of impeachment provisions for Governors, allows the central government to leverage Raj Bhavan to create prolonged issues for state governments.
In 2001, the National Commission to Review the Working of the Constitution, established by the Atal Bihari Vajpayee government, noted the apprehension that Governors might act according to instructions from the Union Council of Ministers, particularly when there is a disagreement between the Central and state governments. This has led to the pejorative view of Governors as "agents of the Centre."
Understanding the intricacies of the Governor's role and the inherent challenges in the relationship between the Governor and the state government is crucial for comprehending the complexities of India's federal structure.
إرسال تعليق