Role Of Governor In A Federal Setup: A Critical Analysis

The institution of Governor in a state holds tremendous significance as he is the constitutional head of the state. He is a part of the State Legislature and the administration of the State is carried on in his name. All the executive actions in a state are taken in his name. He is responsible for the appointment of ministers, on the recommendations of Chief Minister. No bill can become a law until the governor signs it. He appoints the district judges and is consulted in the appointment of the judges of the High Court by the President.

He holds discretion in the matters of appointment of the Chief Minister in a state in the event of a hung assembly. The primary function of the governor is to preserve, protect and defend the Constitution and the law.

Origin of the Office of Governor

The origin of the institution of Governor can be traced to the advent of the “East India Company” in India. Queen Elizabeth I issued the charter in 1601 to the East India Company which gave the rights to the Governor to make laws, orders and ordinances as required for the Governance of the East India Company.

• With transfer of power from the East India Company to the British Crown through the Government of India Act, 1858, the Governor General of India was empowered to issue ordinances and veto any Bill.
• After the Government of India Act 1935 was passed, the overriding powers of the Governor General of India with respect to legislature were retained.
• After Independence, the Provincial Constitution Committee of the Constituent Assembly had recommended that the governor should be directly elected by the people of the state.
• The proposal of an elected governor was criticized on the ground that the presence of an elected Chief Minister as well as an elected governor might lead to friction. The Constituent Assembly retained the post of an appointed Governor.

Governor and Federalism

• Article 153 of the Constitution, under Part VI, mandates that there shall be a Governor for each state. Following the principles of Federalism, The Governor is appointed by the President. The Chief Minister, who is the head of the Government in a State, is appointed by the Governor.
• Being an appointee of the Union Government in the State, he shall be answerable to the Union Government. But the Governor is neither an Employee of the Government nor an Agent of the ruling party. He acts as an independent constitutional functionary and his office is not subordinate or subservient to the Government of India.
• He acts in 'Dual Capacity' as the Constitutional head of the state as well as the representative of the Union. The office of Governor acts as a bridge between the Union and State governments.
• Furthering the idea of Federalism, the Governor constitutes the Finance Commission to oversee financial positions of Panchayats and Municipalities. In the case of any unforeseen circumstances Governor holds the power to make advances out of the State Contingency Fund.
• The Constitution also provides for special circumstances where the federal division of power gets suspended. According to this, the Governor may recommend imposition of President’s Rule which overrides the Council of Ministers and directly handle the workings of the State.

Issues in the Functioning of Governor: Creating Frictions

Governors have largely become political appointees. The Constituent Assembly envisaged a governor to be apolitical, but usually politicians with strong party affiliations are appointed as Governors. It increases the likelihood of imposition of the ruling party’s ideology upon the states.

• Under the constitutional scheme, the CM is answerable to the people. But the Governor is answerable to only the Union Government. The Governor is the head of the state but there is no provision for impeaching the Governor. He can only be removed by the President on the advice of the Union Council of Ministers.
• The Governor has not been provided with a security of tenure. While the Governor has 5 year tenure, he/she can remain in office only until the pleasure of the President.
• In a situation where the Central Government and the State Government belongs to different parties, there is an apprehension that he is likely to act in accordance with the instructions, if any, received from the Union Council of Ministers.
• The Constitution does not provide clear guidelines for exercise of the Governor’s discretionary powers, including for appointing a CM during a hung assembly and dissolving the Assembly. There is no limit on how long a Governor can withhold assent to a state Bill.
• The Governor’s Office has often been misused to settle political rivalries and destabilize state Governments.
  • Between 1971 and 1990, 63 several state governments have been dismissed through President’s Rule. These instances became less frequent during the coalition era at the Centre and the emergence of strong regional parties.

To strengthen the federal principles of the Constitution and preserve the federal system, some of the recommendations of Sarkaria Commission can be implemented such as appointing a person from outside the State as the Governor and appointments to be made in consultation with the Chief Minister of the State, Vice President of India and the Speaker of the Lok Sabha. His tenure of office must be fixed and the person appointed as Governor should not be eligible for any other appointment under the Union or a State Government except for a second term as Governor or election as Vice-President or President of India.