Position of governor in Indian political system and controversies associated

Enumerate the discretionary powers of the Governor mentioned in the Indian Constitution.Why is it said that the post of governor has become highly politicized?

 

Comment- Article 153 of the constitution requires that there shall be a Governer for each state appointed by the President of India (on aid and advice of the cabinet) holding office during his pleasure.

 

 

Constitutional Discretion:

 

• Reservation of a bill for consideration of the President in order to become Law;
• Recommendation for imposition of President`s Rule in State;
• Exercising his functions as an administrator of an adjoining Union territory;
• In the states of Assam, Meghalaya, Tripura, and Mizoram, Governor determines the payable to an autonomous tribal District Councils.
• Seeking the information from the Chief Minister with regards to the administrative and legislative matters of the state.

 

 

Situational Discretion:

 

• Appointment of the Chief minister when no political party gets a clear cut majority in the state legislative Assembly or when a Sitting Chief Minister in office dies.
• Dismissal of the council of Minister when they lose confidence in state legislative assembly.
• Dissolution of State Legislative Assembly.

 

 

What it leads to

 

Governor is expected to be the point of conversion between the center and the state.Eventually, over the period of time, he has become a tool off center to interfere with the working of state governments.Hence, governor`s position within constitution one of the most politicized office.Some of the factors that led to such a situation are:-

 

• Governor appointed by the center without sufficient security of tenure often leading to reshuffling after every election or governor working as an agent of center.
• Wide discretionary powers to governor give him/her ample of scope to act independently of elected state`s executive .(ex Article 365 )
• Legislature both at the center and state can`t impeach the governor, giving him the absolute patronage of the central executive.
• It was expected by the makers of the constitution that governor would be an elderly statesman, however, the post has become a spoils post.

 

Reforms

 

Reforms are needed for this public office.Implementation of the recommendations of Sarkaria commission, Punchhi Commission etc regarding her tenure, powers, impeachment among other issues would be a positive step. Ensuring security of tenure on the sideline of the president would prevent favoritism. Governors on their part should realize their constitutional role rather than playing into partisan politics.

The sooner these steps are taken the better it is in the greater interest of our parliamentary democratic system at large.