GS Paper 2
Syllabus: Polity – Governor
Context: The Tamil Nadu Legislative Assembly has passed a resolution urging the Union Government and President to issue instructions to Governor R.N. Ravi to give his assent to bills passed by the Assembly (nearly 20 bills are pending) within a specific period.
Constitutional provisions regarding bills sent to the governor:
Article 200: When a bill is sent to Governor after it is passed by the state legislature, he can give his assent to the bill, Withhold his assent, or Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again with or without amendments, the governor has to give his assent or reserve the bill for consideration by the President
Other Examples of Governor- CM conflict:
| Conflict | Description |
| Arunachal Pradesh crisis (2016) | The Governor of Arunachal Pradesh dismissed Chief Minister Nabam Tuki, and appointed another member of the assembly, as the Chief Minister. This led to a political crisis and eventually resulted in the imposition of the President’s rule in the state. The Supreme Court later overturned the Governor’s decision and reinstated Tuki as the Chief Minister. |
| Tamil Nadu | In 2017: The Governor of Tamil Nadu, C. Vidyasagar Rao, initially delayed the appointment of a new Chief Minister after the death of the incumbent Chief Minister, J. Jayalalithaa.
The deadlock between the Tamil Nadu government and Governor’s assent to the National Eligibility cum Entrance Test (NEET) exemption Bill are instances of a tussle. |
| West Bengal crisis (2019) | The Governor of West Bengal had a series of clashes with the Chief Minister, Mamata Banerjee, over issues such as law and order, the appointment of police officers, and the holding of elections. |
| Puducherry political crisis (2021) | The Governor of Puducherry, Tamilisai Soundararajan, recommended the imposition of President’s rule in the union territory after the Chief Minister, V. Narayanasamy, resigned ahead of a confidence vote. |
| Kerala | Governors acting as chancellors is a point of conflict. |
| Delhi | The conflict between the Delhi government and the Lieutenant Governor over the appointment of bureaucrats |
Issues with the post of Governor:
- There are no clear provisions for the manner in which the Governor and state government must engage publicly when there is a difference of opinion.
- Constitutional loopholes in case of appointment of the Chief Minister or dissolving the Assembly or for how long a Governor can withhold assent to a Bill.
- Critics refer to governors as the ‘agents of the Centre’: Politicians and former bureaucrats affiliated with the ruling party have been appointed in several instances as Governors
- Governors have passed negative remarks on state administration, law and order, and political violence, which has led to conflicts with state governments.
- There is no clear distinction between the constitutional and statutory roles of the Governor
Reforms Proposed:
| Commission/Committee | Proposed Reforms |
| Punchhi Commission | The impeachment procedure for the President can be adapted to impeach governors as well. The convention of Governors serving as Chancellors of Universities and holding other statutory positions should be abolished. |
| 2nd Administrative Reforms Commission | The Inter-State Council should formulate guidelines on how governors should exercise discretionary power. |
| Rajamannar Committee | The governor of the state should not consider himself an agent of the centre but play his role as the constitutional head of the State. |
| Sarkaria Commission | Governor should be from outside the state. Article 356 should only be used in very rare instances when it is impossible to prevent a breakdown of constitutional machinery within a State. |
| Venkatachaliah Commission | Governors should be allowed to complete their five-year terms ordinarily. The central government should consult with the Chief Minister before removing them before the end of their term. |
| SC (Nabam Rebia Judgement (2016) | It ruled that the exercise of the Governor’s discretion Article 163 is limited and not arbitrary. |
| NCRWC | Governor should be appointed by a committee comprising the PM, Home Minister, Speaker and CM of state. Punchhi Commission |
Mains Links
Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. (UPSC 2018)
Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC 2022)
Prelims Links:
Which of the following are the discretionary powers given to the Governor of a State? (UPSC 2014)
- Sending a report to the President of India for imposing the President’s rule
- Appointing the Ministers
- Reserving certain bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Ans: B
