News Highlight
The Kerala Government on Wednesday decided to remove Governor Arif Mohammed Khan as Chancellor of State Universities.
Key Takeaway
- The State Cabinet on Wednesday resolved to request the Governor to promulgate an ordinance removing him from the position.
- This would divest him of his powers as Chancellor.
Governor
- About
- Like the President of India, the Governor is a nominal head and acts as an agent of the central government. Therefore, the office of the governor has a dual role.
- Constitutional provision
- Articles 153 to 167 in Part VI of the Constitution deal with the State Executive, which comprises:
- The Governor
- The Chief Minister
- The Council of Ministers
- The Advocate General of the State
- Qualifications as per the constitution
- He/she should be a citizen of India.
- He/she should have completed the age of 35 years.
- Conventions
- He/she should be an outsider, meaning not belonging to the State of appointment.
- While appointing the Governor, the President is required to consult the Chief Minister of the State concerned.
- Appointment
- The President appoints the Governor by warrant under his hand and seal.
- The Governor has to make and subscribe to an oath or affirmation administered by the Chief Justice of the concerned State’s High Court and, in his/her absence, the senior-most judge of that court available.
- Tenure
- A Governor holds office for five years from the date he/she enters the office.
- However, this term of five years is subject to the pleasure of the President.
- Executive Powers of the governor
- All executive actions of the State Government are formally taken in his/her name.
- He can make rules for more convenient transactions of the business of a State government.
- He appoints the Chief Minister, other ministers, and Advocate General who hold office during his/her pleasure.
- He appoints the State Election Commissioner (SEC).
- He appoints the Chairman and members of the State Public Service Commission, who can be removed only by the President and not by a Governor.
- He can recommend the imposition of a constitutional emergency in a State to the President. During the President’s rule in a state, the Governor enjoys extensive executive powers as an agent of the President.
- He acts as the Chancellor of universities in the State and appoints the Vice-Chancellors (VCs).
- Legislative Powers
- He can summon or prorogue the State Legislature and dissolve the State Legislative Assembly.
- He can address the State Legislature at the commencement of the first session after each general election and the first session of each year.
- He can appoint any State Legislative Assembly member to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant and have similar powers concerning the State Legislature Council.
- He nominates one-sixth of the State Legislative Council members from amongst persons with special knowledge or practical experience in literature, science, art, cooperative movement and social service.
- He decides on the question of disqualifying members of the State Legislature in consultation with the Election Commission.
- When a bill is sent to the governor after the State Legislature passes it, he/she can give assent to the bill, withhold assent to it, or return the bill (if it is not a money bill) for reconsideration.
- He can promulgate ordinances when the State Legislature is not in session and withdraw an ordinance anytime.
- He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the state accounts before the state legislature.
- Financial Powers
- He sees that the Annual Financial Statement (State Budget) is laid before the State Legislature.
- Money bills can be introduced in the State Legislature only with his/her prior recommendation.
- No demand for a grant can be made except on his/her recommendation.
- He can make advances out of the Contingency Fund of the State to meet any unforeseen expenditure.
- He constitutes a Finance Commission every five years to review the financial position of the panchayats and the municipalities.
- Judicial Powers
- He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
- Though the Governor has the power to pardon, he/she cannot pardon a death sentence.
- He/she is consulted by the President while appointing the judges of the concerned State High Court judges.
- He makes appointments, postings and promotions of the district judges in consultation with the State High Court and appoints persons to the Judicial Service of the State.
Issues with the post of the Governor
- Agent of central government
- Governors began to vigorously play their roles as agents of the Centre with a complete disregard for constitutional morality.
- For example, the constitutional crisis triggered by the unlawful advancement of the Assembly session and subsequent imposition of the President’s rule in Arunachal Pradesh by the Governor in 2016.
- Lack of security of tenure
- The governor lacks the security of tenure, as the governor’s appointment and removal are based on what the Union council of ministers, led by the Prime Minister, wants.
- Misuse of Article 356
- A Governor’s recommendation for President’s Rule (Article 356) in a state has not always been based on ‘objective material‘ but on political whim or fancy.
- For example, In Maharashtra (2019), after the state election, the governor recommended to the Centre that the President’s rule be imposed in the state.
- Constitutional guidelines empower the governor to use his discretionary powers to recommend President’s rule in the state in case of a hung assembly.
- Puppet Rulers
- Recently, the Governor of Rajasthan has been charged with the violation of the model code of conduct. His support of the central ruling party is against the spirit of non-partisanship expected from the person sitting on constitutional posts.
- Power of Reserving bill
- The Constitution provides that the Governor can reserve the bill for consideration by the President. Even though the constitution does not provide the centre with the power to veto the state’s legislation, the power of the reservation centre exercises this power by rejecting or delaying any legislation through the President’s refusal to assent to the state’s legislation.
Committee Recommendations and judgements
- The Punchhi commission
- The Punchhi commission recommended that there should be a provision for the impeachment of the governor by the state legislature.
- Sarkaria commission
- Article 356 should be used in the very rare case when it becomes unavoidable.
- S.R. Bommai Judgment
- The case ended the arbitrary dismissal of State governments by a hostile Central government.
Way forward
- Strengthening of Federalism
- In order to check misuse of the governor’s office, there is a need to strengthen the federal setup in India.
- In this regard, the Inter-State council, the Goods and Service Tax Council and the role of the Rajya Sabha as the chamber of federalism must be strengthened.
- Reform the Method of Appointment of the Governor
- A national panel should be prepared after involving the opposition, ruling party, civil society and the judiciary in the selection process.
- The governor should be appointed from this panel after consultation with the CM of the state in which he or she is to function.
- Code of Conduct for Governor
- In order to enable the governor to discharge his functions under the constitution successfully, an agreed ‘Code of Conduct’ approved by the state governments, the central government, the parliament, and the state legislatures should be evolved.
- Upholding the constitutional principles
- Governors should uphold constitutional morality by upholding the spirit of the constitution instead of acting in the narrow political interests of the ruling party at the centre.
- Removal
- Governor should not be removed except under proved misbehaviour or incapacity on an inquiry by the Supreme Court. (Rajamannar committee).
Content Source: The Hindu