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
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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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