Governor

Questions

1. Analyze the constitutional provisions defining the role of the Governor in the appointment of Chief Ministers and assess how this power influences the stability of state governments and the principles of representative democracy.

2. Examine the linkage between the Governor’s role in the dissolution of state assemblies and the principles of constitutional morality, evaluating the circumstances under which this power can be exercised and its implications for democratic processes.

3. Assess the constitutional provisions related to the Governor’s discretion in matters such as withholding assent to bills and the summoning or proroguing of the state legislature, and analyze the balance between gubernatorial authority and the principles of responsible government.

4. Examine the Governor’s role in the protection and preservation of tribal and indigenous rights, considering constitutional provisions and recent developments in addressing issues related to land and resources in tribal areas.

5. Analyze the constitutional provisions regarding the Governor’s participation in the appointment and removal of key state officials, such as judges and the State Election Commissioner, and assess the impact on the independence of these institutions and the separation of powers at the state level.

Appointment

• chosen by President by issuing a warrant carrying his signature and seal

Removal

Article 156

Gov shall hold office during the pleasure of President

• Removal w/o notice
  • reduces sanctity of position
  • violates PNJ
  • compromises independence of office
  • over politicization of post

BP Singhal v UoI

• pwr of UoI to remove Gov subject to JR if petitioner can prove that removal was based on arbitrary grounds
• mere variance of opinions not grounds for removal
• judgement criticized
  • how can petitioner prove arbitrary grounds?

Way ahead

• CoM must behave responsibly. Should not misuse power
  • not possible in reality $\leftarrow$ political compulsions
• $\therefore$ expert bodies suggested removal must happen as per a resolution passed by SLA or Parl

Discretionary powers of Gov

Gov supposed to act on aid and advice of SCoM except where he has been provided with discretionary pwrs or as per situation

1. Article 239(2): gov appt as administrator of adjoining UT shall act at his discretion wrt administration of UT
2. Sch6, Para 9: if dispute wrt share of autonomous district in royalty from mining & licence $\to$ Gov shall exercise discretion
3. States with spl statuts (Assam, Sikkim, Arunachal Pradesh): Gov exercises spl powers at discretion
4. Art 356: gov exercises his discretion on submission of reports wrt FoCM
5. Art 200: Gov may reserve bill for assent of Prez if he considers it to be of nat. impt

Criticism of Position

• rehab of rejected politicians
• appt made without SCoM consultation
• ex army officials, ex judges, ex bureaucrats been appt, raising questions over independent functioning
• spoil system, appt based not on merit but on political proximity
• present system $\to$ conflict b/w CoM & Gov
  • current-affairstodo

Reforms?

• 1st and 2nd Centre State Relations Commission suggested that Gov should be from outside State so that he is not affected by State politics
• Eminent person from some walk of life to restore lost glory associated with position so that he may withstand undue pol pressure
• should not have active part in politics in recent times
• UCoM must actively consult SCoM before making an appt to such positions