Context: The recent action taken by Tamil Nadu Governor R N Ravi to terminate the appointment of state minister V Senthil Balaji, who was arrested, has once again brought attention to the tussle between state governments and the Governor’s office.
- While conflicts between state governments and the Governor’s office are not new, it is important to examine the position of the Governor and its constitutional implications.
State Governor
Arguments for the Existence of the Governor’s Post
- Continuity and Stability: Governors provide stability, administer oaths, and deliver inaugural addresses for continuity in governance.
- Need for Centralization and Impartiality: Governors ensure impartiality and centralized power for India’s development, according to supporters.
- Preservation of Provincial Autonomy: The Constituent Assembly aimed to uphold the Governor’s role as the constitutional representative of states in independent India.
Arguments against the Governor’s Post
- Redundancy and Inefficiency: Some argue for alternative mechanisms to replace the Governor’s role, citing unnecessary expenditure.
- Interference and Politicization: Governors’ interference in state governments, particularly opposition-led ones, is criticized for politicizing the office.
- Lack of Impartiality: Appointed Governors with political backgrounds raise concerns about impartiality and potential influence in their decisions.
Supreme Court’s Stand and Judicial Review
- Judicial Oversight: The Supreme Court has placed constitutional limits on gubernatorial powers, ensuring adherence to the law.
- Limited Powers and Aid-Advice: The Supreme Court mandates Governors to follow the advice of their ministers, except in exceptional cases.
Recommendations by Commissions and Committees
- Administrative Reforms Commission (ARC): ARC report 1969 : Emphasized cooperation, limited interference for harmonious Governor-state government relations.
- Sarkaria Commission (1983): The commission proposed modifications to enhance Governors’ responsibilities and influence, emphasizing impartiality and fixed tenures.
- Punchhi Commission (2010): Recommendations included Chief Minister’s consultation in Governor appointments and expanding their responsibilities in specific areas.
- Other Proposals: Recommendations: collegium appointments, limited role to ceremonial duties, or abolishing the post in smaller states/union territories.
Conclusion
- The debate surrounding the role of Governors in Indian states continues to evolve.
- Governor’s post: Autonomy vs. Interference, Centralization vs. Politicization, Stability vs. Redundancy.
- Balancing Governor’s responsibilities: Judicial oversight, commission recommendations for impartiality and constitutional duties.
FAQs Related with State Governors
Ques 1: What is the role of State Governors in India?
Answer: State Governors: Ceremonial heads responsible for upholding Constitution, ensuring smooth state government functioning.
Ques 2: How are State Governors appointed in India?
Answer:The President of India appoints State Governors based on the advice of the central government to represent the President’s authority and ensure the proper administration of the state.
Ques 3:What are the powers and functions of State Governors?
Answer: Powers include summoning/dissolving state assembly, approving bills, giving assent to state laws.They also play a role in the appointment of the Chief Minister and other constitutional functions.
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