GOVERNOR Vs STATE

 

GOVERNOR  Vs  STATE

Federal Democracy + Autocratic CM

Indian Governors Need Some Teeth

SARASIJ MAJUMDER

 

 


  1. The Governor is a high constitutional authority and performs very essential constitutional functions. The role of the Governor as an AUDITOR in some of the critical  executive and legislative functions of a state cannot be undermined by CM of the state government. As per Article 154 of the Constitution of India, the Governor of a State holds the position of the constitutional head.
  2. Governos has  (i) Executive power, (ii) Legislative power, (iii) Judicial Power, (iv)Discretionary Power, (v) Emergency Power, & (vi) Ceremonial roles to play. All are well spelt in the constitution.
  3. The Chief Minister and the Council of Ministers elected by the people to perform Legislative functions under the boundaries of the constitution.
  4. All actions, recommendations, and supervisory powers (such as Article 167c, Article 200, Article 213, Article 355, etc.) exercised by the governor over the executive and legislative entities of a state are aimed at ensuring the implementation of constitutional provisions.
  5. There are many functions of the Governor which he cannot perform as per his independent will, he has to function as advised by the Council of Ministers headed by the Chief Minister. He cannot deviate from the advice.
  6. There are also a number of functions, the Governor performs on his own without seeking the advice of the Council of Ministers headed by the Chief Ministers.
  7. The problem arises when the Governor disregards the advice of the elected Government where such advice is mandatory or where the Chief Minister wants the Governor to be guided by his advice when such advice is neither warranted, and not applicable.
  8. The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the State is very largely vested in Governor.
  9.  In Karnataka, the Congress party (PART OF  OPPOSITION) runs the state Government. So, there are occasions of mistrust between the both. The right way to resolve it is by following constitutional mechanism.
  10. In West Bengal, highly corrupt TMC ( Again part of Opposition) runs the state government, and CM of West Bengal, for last 10 years constantly abused State Governor, whenever he tried to apply checks on erring government. She has set a pretty bad example, and getting away with it.
  11. In Delhi—AAP is also an opposition party, and was constantly busy in street fighting, and was at loggerheads with the Governor.  CM was practicing corruptions in alliance with his associates, ignoring development of State, which  is in shambles.
  12. It is highly deplorable to call the Governor fraud, or agent of Central Government. The erring MLA shall be constitutionally punished. The elected State Government must function within the confines of the constitution.
  13. The act of the Governor in granting permission for the prosecution of the Chief Minister Siddaramaiah under section 17A under the Prevention of Corruption Act, 1988 and under section 218 of the Bharatiya Nagarik Samhita, 2023 for alleged offences appears to be procedurally correct and he is not supposed to be guided by any advice of the Chief Minister who is the alleged culprit. In any case, the matter is now before the High Court.
  14. The Governor sought the views of the Chief Minister on the issue which the Chief Minister refused to give.
  15. It will not be inappropriate to provide some more constitutional teeth to the Governor, by amending the constitution.
  16. Almost all states run by opposition parties are errant, corrupt, and rowdy. Federal structure can’t be a LICENSE  to be used for tyranny.
  17. Sarkaria Commission was appointed by the government of India in 1983. It was a three-member commission on center-state relations. R.S. Sarkaria headed the commission. The commission's objective was to examine and review existing arrangements between the center and states. This report was an ‘USELESS EXERCISE”, but it’s basic conclusion on legitimizing basic  present system is correct, and stops any further discussion on making State more powerful. Rather—economic power of state on non-developmental expenses shall be CURTAILED.
  18. The Governor of J & K is somewhat empowered recently. That empowerment shall be  extended to all Governors, as a minimum.

Sources:--

1.0 TOI, HT, IE.—for conflict related information published.

2.0 Indian Constitution.

3.0 Report of Sarkaria Commission--1983

Image: Google

 

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