Reforming the Office of Governor in India: Enhancing Accountability and Impartiality

The role of the Governor in India is vital to the country’s federal structure, acting as a link between the Centre and the states. However, the office often faces criticism for political bias and misuse of powers. This article examines the constitutional position of the Governor, the challenges they encounter, and the recommendations for reform. By addressing these issues, we can enhance the effectiveness and impartiality of this important office.

Reforming the Office of the Governor

Issues Related to the office of Governor

• Abuse of Governor’s Position: Often manipulated by the central ruling party 

• • • Criticised as Centre’s agent/puppet 
    • Misuse of President’s Rule (Article 356) Politicians, bureaucrats with ideology preferred

• Biassed Appointments 

• • Violation of Conduct: leading to negative perceptions 
    • Ex-Rajasthan Governor had breached model code in 2019 

• Misuse of Discretionary Powers: Discretion in government formation exploited

• • Reduced Significance: Governor’s role deemed ceremonial 

• Governor’s Reporting: Minimal public duties, report to President

• Arbitrary Removal (Doctrine of Pleasure)
  • Can be removed without just cause 
  • No security of Tenure.

Examples of Recent Controversies Associated with the Office of the Governor

• Governor of Tamil Nadu Leaves Assembly Session: The Governor of Tamil Nadu left the assembly session of the house while the Chief Minister pointed out that the Governor skipped a certain portion of the speech that he was supposed to read. 
  • This has again raised questions over the powers and functions of the Governor.
• West Bengal Bill to Replace Governor as Chancellor: A bill from West Bengal seeking to make the Chief Minister the chancellor of all state-run universities, replacing the Governor, was passed by the assembly in 2022 (still Pending for Assent of Governor).

Recommendations from the Sarkaria Commission Report

The Sarkaria Commission report summarizes these instances and recommends specific courses of action:

• Dismissal of Chief Minister: The Governor should dismiss a Chief Minister if they fail to resign after the Council of Ministers lose majority support in the Legislative Assembly.
  • The determination of whether a ministry enjoys majority support should only be made through a floor test. 
  • If the Chief Minister refuses to convene the Assembly session for a confidence motion, the Governor may summon the House themselves and instruct the Council of Ministers to prove their majority.
• Dissolving Legislative Assembly: If, after the resignation of the incumbent government, no viable alternative emerges for a stable government, the Governor may either dissolve the Assembly or recommend President’s rule under Article 356, depending on the circumstances.

Reforms Needed Regarding the Office of the Governor

Sarkaria Commission Recommendations with Respect to the Appointment of a Governor

• The Sarkaria Commission, tasked with examining relations between the Centre and the States, put forward several recommendations regarding the appointment of Governors. These include:

• • Selection of an eminent person from outside the State.
  • A requirement for the appointee to have been inactive in politics for a certain period before appointment.

• Appointment in consultation with the Chief Minister of the State, the Vice-President of India, and the Speaker of the Lok Sabha.
• Ensuring a guaranteed tenure, except under compelling circumstances. If termination is considered, the individual should be given an opportunity to be heard, and the reasons for removal must be presented before the Houses of Parliament.
• Governors should not be eligible for any other appointment to an office of profit under the Union or the State Government, except for a second term as Governor or Vice-President of India.
• Deviation from Recommendations: Despite these recommendations, the actual practice deviates significantly. 
• • The appointment of Governors is predominantly at the discretion of the Central government. 
  • While the tradition of selecting someone from outside the State has been maintained, consulting the Chief Minister of the State hasn’t consistently been followed.

• Historical Replacements of Governors: Historically, there have been widespread replacements of Governors during changes in the central government. 
  • For instance, in 2004, the United Progressive Alliance (UPA) Government replaced nearly 17 Governors appointed by the previous National Democratic Alliance (NDA). 
  • Similarly, in 2014, the NDA Government replaced approximately 7 Governors appointed by the prior UPA Government.

• Implementing Sarkaria Commission’s Recommendations: To move forward, it is imperative to implement the Sarkaria Commission’s recommendations. 
  • This would help ensure that the appointment of Governors remains insulated from political controversies, promoting a more transparent and accountable process.

Navigating the Appointment Landscape: A Path to Equitable Governance

• Debating the Appointment of Governors: The appointment of Governors, a crucial aspect of India’s federal structure, has often been a subject of debate. 
  • To ensure a fair and transparent process, a high-level committee comprising the Prime Minister, the Home Minister, the Lok Sabha Speaker, and the Chief Minister of the concerned state should be tasked with selecting Governors.                                                                               
• Upholding a Neutral Constitutional Stance: This committee would uphold a neutral constitutional stance, recognizing the Governor’s role as an independent, non-partisan figure.
• Balancing State Interests and Centre-State Relations: Striking a balance between state interests and Centre-State relations is paramount. 
  • The committee’s decision-making process should carefully consider the state’s aspirations and priorities while aligning them with the broader national framework. 
• Establishing a Comprehensive Code of Conduct: A comprehensive Code of Conduct should be formulated to guide the Governors’ actions, establishing clear norms and principles for their discretion and mandate.
• Exercising Discretionary Powers with Caution: The Governors’ discretionary powers should be exercised with utmost caution, ensuring that their decisions are reasoned, well-intentioned, and in the best interests of the state and the nation. 
  • Regular consultations with the state government and open communication channels would foster transparency and mutual understanding.
• Reimagining the Appointment Procedure: By implementing these measures, we can reimagine the appointment procedure, paving the way for a system that upholds constitutional principles, respects state autonomy, and promotes harmonious Centre-State relations. 
  • This transformative approach will ensure that the Governor’s role remains a cornerstone of India’s vibrant democracy.

Conclusion

To ensure that the Governor’s role is effective and unbiased, implementing the Sarkaria Commission’s recommendations is crucial. 

• Establishing a transparent appointment process and a clear Code of Conduct will help restore public confidence. By fostering better relations between the Centre and states, we can uphold the spirit of democracy. 
• Ultimately, a reformed Governor’s office will strengthen India’s federal structure and promote governance that serves all citizens.

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