Indian Polity Topic: Role of the Governor
Our Constitution provides for the Parliamentary form of Government at the union as well as the state level. The Governor is the Constitutional head of the state and acts on the advice of the Council of Ministers headed by the Chief Minister. He is appointed by the President for a term of five years and holds office during his pleasure. He can be reappointed after his tenure as Governor of the same State or of another State.
The Governor is a part of the state legislature. He has a right of addressing and sending messages to and of, summoning, proroguing the state legislature and dissolving the lower house. All the bills passed by legislature have to be assented to by him before becoming law. He can withhold his assent to the Bill passed by legislature and send it back for reconsideration. If it is again passed with or without modification, the Governor has to give his assent. He may also reserve any Bill passed by the state legislature for the assent of the President. The Governor may also issue an Ordinance when the legislature is not in session.
The Governor also has the power to grant pardon, reprieve, respite, remission of punishment or to
suspend, remit or commute the sentence of any person convicted of any offence against any law related to a matter to which the executive power of the state extends.
Emergency Powers of the Governor:
When the Governor is satisfied that a situation has arisen in his state where by the administration of the state cannot be carried on according to the Constitution, he can report the fact to the President. On receipt of such a report, the President may assume to himself the powers of the state government and may reserve for the Parliament the powers of the state legislature.
Exercise of Discretion by the Governor:
It has already been pointed out that the Governor has to exercise his powers on the advice of the Council of Ministers. He does not, therefore, have much discretion in the exercise of his powers as long as a stable Ministry enjoying the confidence of the Assembly is in office. However, this is not always the case. The Government may then be called upon to exercise his discretion. It is this exercise of discretion that has made the Governor as the most controversial constitutional office of the country.
Major Controversial have arisen in the Following Cases:
- Appointment of Chief Ministers
- Dismissal of a Ministry
- Dissolution of the Assembly
- Use of the Emergency Powers
General Remarks:
It appears that our Constitution envisages a dual role for the Governor. He is a constitutional head of the state government as well as a representative of the President. The mode of appointment of the Governor and his holding office during the pleasure of the President have tended to emphasise the second role of the Governor. i,e., his role as a representative of the President. Since the President has to act on the advice of the Council of Ministers headed by the Prime Minister, the Governor has indirectly to act according to the wishes of the leader of the ruling party at the Centre. This has been represented by eminent jurists.
On the other side, it has been argued that the mode of appointment and termination of the Governor was deliberately adopted by the framers of Constitution, after a good deal of debate, with a view to guard against the fissiparous tendencies present in our polity. However, it is said that by appointing pliable Governor, the ruling party has used this high office as an instrument of oppression for the Opposition.
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