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General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations
Context
In the Indian parliamentary democracy, the office of the Governor was envisioned as a bridge between the Centre and the States. Historically, during the initial decades of post-independence, this office remained free from controversy due to 'one-party dominance.' However, after 1967, when opposition parties formed governments in the states, the Governor's role began to be disputed as more of a 'Central Agent' than a 'Constitutional Head.' In the current scenario, this dispute has emerged as a serious challenge to 'Cooperative Federalism.'
Current Developments: Kerala, Tamil Nadu, and Karnataka
In recent times, an unprecedented confrontation has been observed between the Governors and elected governments in South Indian states:
- Tamil Nadu: Governor R.N. Ravi skipping parts of the address prepared by the State Cabinet and walking out of the House before the National Anthem.
- Kerala: The Governor's refusal to read critical remarks about the Central Government during the policy address.
- Karnataka: Governor Thaawarchand Gehlot’s refusal to address the joint session, claiming the draft address was biased against the Central Government’s schemes.
Status and Constitutional Rights of the Governor
Under Part VI of the Constitution, the Governor has a dual role:
- Constitutional Head of the State.
- Representative of the Central Government.
- Article 154: The executive power of the State shall be vested in the Governor.
- Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions (except in so far as he is required to exercise his discretion).
Rights of the State Government and Article 176
- Article 176 (Special Address): It makes it mandatory for the Governor to address the Legislative Assembly (and the Council, where it exists) at the commencement of the first session of each year.
- Constitutional Decorum: According to parliamentary tradition, this address is not the 'personal view' of the Governor but a 'statement of the policies and achievements of the State Government.' The State Government has the absolute right to place its policies before the public.
Comparative Review: Governor vs. State Government
Side | Argument/Rights |
Governor | Oath to protect the Constitution (Article 159); cannot be compelled to read false or unconstitutional claims. |
State Government | Democratically elected; advice of the Council of Ministers is binding on the Governor (Shamsher Singh case). |
Real Causes of Disputes
An analysis from the past to the present reveals the following factors:
- Clash of Political Ideologies: When there are different ideologies at the Centre and the State, the post of Governor begins to be used as a 'political weapon.'
- Appointment Process: The appointment of the Governor depends entirely on the will of the Centre, which raises questions about their impartiality.
- Strained Federalism: Attempts by the Central Government to curb the autonomy of states through Governors are leading 'Competitive Federalism' in a negative direction.
Judicial Decisions and Guidelines
- Shamsher Singh vs. State of Punjab (1974): The Supreme Court clarified that the Governor must act according to the aid and advice of the Council of Ministers.
- S.R. Bommai Case (1994): Federalism was declared a 'Basic Structure' of the Constitution, and the path for judicial review of the Governor’s powers was cleared.
- Nabam Rebia Case (2016): The Court stated that the discretionary powers of the Governor are limited and they cannot interfere in the proceedings of the House of their own accord.
Relevance of Governor’s Address and the Federalism Debate
The address is not merely a ritual but a medium to ensure accountability. When a Governor refuses to read it, it creates a 'Constitutional Deadlock.'
- Unitary vs. Federalism: The over-activity of the Governor reflects the unitary bias of India, which is against regional aspirations.
Way Forward
- Recommendations of Committees: Implementing the recommendations of the 'Sarkaria Commission' and 'Punchhi Commission,' which include consulting the Chief Minister before appointing a Governor and selecting a politically neutral person.
- Constitutional Code of Conduct: A clear 'Code of Conduct' should be developed for Governors so that discretionary powers are not misused.
- Constitutional Amendment: As suggested by the Tamil Nadu Chief Minister, there is a need to reconsider the mandatory obligation and limits of Article 176.
Conclusion
The office of the Governor should be a symbol of the dignity of Indian democracy, not an arena for political wrestling. In a democracy, the supremacy of the 'elected government' is paramount. Ultimately, dialogue between the Centre and the States and 'Constitutional Morality' is the only permanent solution to this deadlock.
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations