CHAPTER

he Governor:
constitutional Position and |16
political Reality
icle 153 of the Indian Constitution provides that "there shall be a Governor in
Aoach State." However, the Constitution Seventh Amendment Act 1956 makes it
sble to appoint the same person as Governor for two or more states. Regarding
hs appointment, Article 155 stipulates that the Governor of a state shall be appointed
hr the President of India by warrant under his hand and seal. Article 156 says that the
Covemor shallhold office during the pleasure of the President. Subject to this provision,
he shall hold office for a term of five years fromn the date on which he assumes his office.
The Governor can resign by writing a letter of resignation addressed to the President.
However, he continues to hold office till the new Governor assumes his office. Since he
holds office during the pleasure of the President, no process of impeachment or any
other method of removal is prescribed by the constitution.
The qualifications for this post are that the person should be a citizen of India
id should have completed 35 vears of age. He should not be a member of the union
State legislatures and, if he is, his seat in the House falls vacant on the date when
enters the office as Governor. The Punchhi Commission (2010) has observed that
BOnstitution should explicitly lay down the qualifications or eligibility criteria for
appointment on the post of Governor.! Earlier, the Sarkaria Commission (1988) had
Tecommended that the person appointed on the position of Governor should be a
distinguisLalhed Nehru
Jawahar
)
person
hadandadvocated.
fulfil theThese
eligibilitycriteria that India's first Prime
criteria are :
Minister

He should be eminent in Some walk of life.

(ii) He
should be a person from outside state.
(ü) He should be a detached figure and nottheintimately connected to the local politics
of the state.
(iv) He should be a person who is not deeply involved in politics generally and
Particularly in the recent past.
304 Indian Public Admiristraa
centre should
Further, a person belonging to the ruling party at istheof the not be
government
as a Governor in a state where the
party (obviously
recommended
this
that
reconmmendation
after retirement, the
has not
Governor
been accepted),
should not be
oppositionor

appointed on
ap ointe,
any ohey
The commission
of profit and should not return to active politics. any ofio.
The constitution specifies that the Governor shall not hold any other office e
His emoluments, allowances and privileges may be determined by of prok
No criminal proceedings can be instituted against the
office and no proceedings for
Governor parl
his arrest or imprisonment can be taken
iament
duringa
hisryterm oh
Civil proceedings in respect of an act done by the Governor in his
by any coUr
personal
can be instituted after the prescribed statutory notice. capacity
Further, the Punchhi Commission (2010) reiterated the Sarkaria Com.:
recommendation that Governor should be given a fixed tenure of five years and t
removal should not be at the sweet will of the central government. The phrase "dre.
the pleasure of the President" in article 156 (i) should be substituted by an appron
procedure under which a Governor who is to be reprimanded or removed for whate
reasons is given an opportunity to defend his position. The decision in this respect shoult
be taken in a fair and dignified manner befitting a constitutional head.

POWERS AND FUNCTIONS

The powers exercised by the Governor can be divided under two broad
(1) those powers which he exercises with the aid and advice of the headings
his council of ministers, and (2) those powers which he Chief Minister and
exercises his discretion.
in
Powers Exercised on the Aid and Advice of the Chief Minister and his
Ministers Counci
Article 154 states that the executive powers of the state shall be vested in the Govent
and shall be exercised by him either directly or through officers subordinate to himi
accordance with the constitution. The word 'subordinates includes all the ministersand
the Chief Minister. Unless they are subordinate to him they cannot exercise the executie
powers vested in him. His executive powers are c0-extensive with the legislativeponen
of the state legislature. It covers all the subjects on which the state legislature can
enad
laws. Asituation could arise when there is no rule or law of the legislature relatedwJ
particular subject. In that case the Governor can exercise his executive powersbyissu
doesn
administrative rules, orders, circulars or
make any law on that subject.4 instructions as long as the legislature
diteret
The Governor is
ministers. Through therequired
rules of
to frame rules of
business allocating
work to delegat
any of his executive powers, business and standing orders, the Governorby may
himat
hi

discretion, to his ministers. Byexcept those actions which are to be exercised

these rules the Governor, advice of the
on the
 Govemor: Constitutional Positlon and Political Reality 305
The
ministers, allocates the various subjects amongst particular ministers. These rules may
empowerthe minister in charge of a subject to issue orders for the disposal of matters
within his charge.
He appoints the council of ministers for the state, the Advocate General and the
members of the State Public Service Commission. As regards his legislative powers, vide
Anglo-
23rd amendment to the constitution in 1969, he appoints one member of the
Indian community to the Legislative Assembly wherever necessary. He also appoints a
nenmbers in the State Legislative Council, if there is one, in the state. These persons
hould have made their mark in the field of arts, science, literature, social sciences etc.
These appointments are also made in consultation with the CM and his ministers. The
Governor is not
validity of these nominations cannot be enquired by any court. The
bound to disclose any facts relating to such nominations,5 If the office of the Speaker
or the Deputy Speaker in the Legislative Assembly orcan that of the Chairman or the
Vice Chairman in the Legislative Council falls vacant, he appoint any other member
from the Assembly or the Council as the case may be, to take charge.
ordinances. They are
However, the most important legislative power is that of issuing
Minister and his ministers.
Chief
issued by him after the advice of the President or the
213 (1), only when the state legislature is
He can promulgate an ordinance under Article which requires immediate action. Under
emergency
not in session in order to meet an same force as a law. Every such ordinance
Article 213(2), such an ordinance willhave the
to operate at the expiry of six
will be laid before the state legislature and shall cease the expiration of that period,
before
weeks from the reassembly of the legislature or if, leg:slature. An ordinance can also
passed by the state
a resolution disapproving of it is time. There are three circumstances under
which
by the Governor at any the
be withdrawn ordinance without prior instructions from
cannot promulgate an
the Governor same provisions would require the prior sanction
Iresident: (1) if a bill containing the necessary to
before its introduction; (2) if he would have deemed it
of the President
same provisions for the consideration of the President; and
Teserve a billcontaining the reserved for the consideration
provision would have been
() if an Act under the same
have received his assent.
Of the President and would one as it facilitates immediate
ordinances is an extremely useful
Ihe power of issuing quoting
it must always be exercised in good faith. Seervai,
tuon in an emergency. But, points out that a state could be
ordinances in Bihar,
Wadhwa's work dealing with says that
ordinances without very little legislative enactment. Heordinances
60vemed principally by Acts were passed by the legislature and 1956 average,
Dnar, between 1971-1981, 163 an
Governor. In other words, in eleven years, onGovernor.6 In
promulgated by the there were twelve ordinances of the
is no
for Act of the legislature to 14 years. This can happen because there
everySomeoneordinances had alife of 13 Governor can promulgate the same
Bihar,
bar in the Constitution on the number of
times the

ordinance.
306
Indian PublicAdministrairn
The Governor is also an ex-officio chancellor in some of the
universities and,
has statutory powers of the appointment of the vice-chancellor or of
to the various bodies of the universities. The Governor, while nomiso,nating TMermber
on the advice ofthe Chief Minister, but there have been instancesdoing
ignored the advice of the Chief Ministers. He must also consult thewhen Gover genernoralsy
while appointing the vice-chancellor. Whenever the need arises for a new Education Mirista
govevice-crhna+nencelnkgt,;
the chancellor appoints acommittee consisting of anominee of state
nominee of the University Grants Commission, a nominee of the
the chancellor's nominee. This committee prepares a panel of names from university
senate
the Governor chooses one.7 His powers as chancellor are not defined by
the among which,
fromconstituticn
but are given by the enactments of the state legislature. Hence,
they
state. In all cases, as head of the state, he must endeavour to maintainvary state ts
the
character universities and must keep them free from political interference
of
The Governor of a state has also the power to grant
autonormo:
pardons, reprieves, respites
remissions of punishment or to suspend, remit or commute the sentence
convicted of any offence against any law relating to a matter to which oftheanyexett. nere
power of the state extends. He carn also grant amnesty. There is a
pardon granted by the President under Article 72 and by the Governor difference between
The President has an exclusive power to grant pardon in cases under Articde 161
where the sentence is a
sentence of death. Secondly, the President can grant pardon in the case of punishments
or sentences inflicted through a court
martial. The Governor has no such powers
Discretionary Powers of the Governor
Article 163 makes the Governor the sole judge in matters in
which he is required to a
in his discretion. Article 163 (1)explicitly gives him
discretionary powers when it sas
There shall be a Council of Ministers with the Chief
head to aid and advise the Governor in the exercise of his
Minister at the
functions,
except in so far as he is by or under this Constitution required to
exercise his functions or any of them in his discretion. If any
arises whether any matter is or is not a matter as quesion
the Governor is by or under this Constitution respects wnid
required to act in hs
discretion, the decision of the Governor in his discretion shall be tinal
and the validity of anything done by the Governor shall not be called
in question on the ground that he ought or
in his discretion. ought not to have acted
The question whether any, and, if so, what advice was tendered by ministerstotN
Governor shall not be inquired in any court.
Besides this, there are other articles too such as:
businessexe"
1. Article 166(3) which states that
the
in cases where he can act in his Governor
can make rules of
discretion.
 Constitutional Position and Poltical Realty 307

Article200 which says that the Governor can reserve a bill for the consideration
2 of the President,
Artice 356(1) which provides that the Governor can make a report about the
3 the constitutional machinery in the state,
tailure of
Article 239(2) which gives him certain functions when appointed to be
4 Administrator of a union territory,
239(2) which bestows on himn the power to make rules, and
5 Article
The Sixth Schedule, which gives the Governor of Assam two discretionary
powers; the first deals with disputes between the Government of Assam and
autonomous Tribal District Council with respect to the sharing of royalties
an autonomous district and
hat accrue from the lease of mining rights within the certain
he second relates to the manner in which the Governor may apply
respect to tribal areas
snecial administrative prOVisions in the constitution with
tribal areas.
in Assam vis-a-vis particular
to discharge according to
Besides, the Governor has certain special responsibilities371A(1) (b), 371() etc. He
he directives issued by the President under Articles 371(2),
of ministers in this context.
ies not have to consult the CM or his council
constitution, the provisions
Although the words 'in his discretion' are mentioned in the
general and vague terms. KVRao, a
relating to theexercise of these powers are couched in
vagueness on the defective composition of
noted political scientist, lays the blame for this of the Assembly. He says:"The
the Constituent Assembly and lack of time at the disposal state governments were passed
whole set of articles numbering about 20 concerning the structure was envisaged in such
its
na hurry in one day, that the whole constitution and
would be in power for a long
Way as if... the Congress and its then high command discretionary field is not unrestrained.
e The authority of the Governor even in the
as partisan in the currents and
Smsused, either as a result of personal ambitions orcheck him; if necessary, he may
always
urents of state politics, the President can so as not to jeopardise the working
Temove him. "Discretion has to be exercised
profitable to look at a few possible cases
whnentary democracy,"10 It would be discretion.
wherein the Governor may have to exercise his
Commission (2010) has recommended that Governor's discretionary
Were chhi construed so that the choice of action
powers under Article 163(2) should be narrowly
Governor under his discretion should be dictated by reason activated by
good faith neand tempered by caution. Besides, in order Governor
Rood to facilitate the discha kze
of
should not be with
his impartially, the
posiconst
tions itutional
obligations fairly and
hün to and powers orthatpublic
are not envisaged by the constitution and which may expuse

controversies criticisms.

ApNasponointheretmdiscretion
When ent isofaaPartyChieFMinister
because he state
in the legislature with a clear-cut majority, the Governor
has only to invite the leader of that party to become the
 308 Indian Public Administrato
1967 because the
Chief Minister. This did not pose any problems till Congress
period enipoedoyedaa
The post-1967
comfortable majority both at the centre and in the states.
reduced
dilemma as the Congress, after the general elections of 1967, was a
in eight states. Several questions of importance arose. In case there was no
an absolute majority in the state legislature, should he invite the leader of party with minority
largest party? This could be the Congress again in some states and asking it
the
toRe single
government would be wrong. "The voters may or may not have voted in
opposition; one thing is clear that they certainly voted against the Congress. "11favourOr, shoud
of the
he ask the leader of the single largest opposition party or a group of parties mer
into a coalition to form the government? Noted constitutional experts have
the view that the leader of the opposition should be invited if he is sure of supportet
a stable government. KSubba Rao opines that the leader of the opposition shouid providing
invited unless his chances of forming the government are bleak. The term 'stabiliy
taken to mean not only the numerical superiority of the ruling party but also its abii
to hold on to the majority strength and continuing with it.12 In both cases, the problia
becomes embarrassing and complicated due to the presence of independents in the
legislature and defections from one party to the other. No easy solutions are available and
"whichever minority party or group of parties was called upon to form a govemment
stood the chance of converting itself into a majority by securing the support of defectos
from other parties by promising ministerial office to the leaders of the defectors."3
How, then, is the Governor to make his choice? For this purpose, the Governors hase
generally employed three methods: List system, parade system or physical veriñcatur
and list-cum-parade system. Under the first method, he can ask the contenders to provide
a list of their supporters and to enquire from each member on the list about his choice
If the balance is held by the independents he must enquire from each independent, hs
verdict. The parade system is the physical verification of the list in the Assembly. He
must summon the sesion of the Assembly and ask the contenders to show their strength
without the least possible delay. The result is not very satisfactory and does not ge
effect to the verdict of the electorate,14 In case he uses both the methods, it is known s
the list-cum-parade method.
Dismissal of the Chief Minister and the Council of Ministers
This issue raises anumber of knotty questions and has been used by the cet
assert its hegemor.y at the state level. In theory, the Chief Minister and his mins
according to Article 164(1), hold
are not totally at the mercy of theoffice duringbecause
Governor the pleasure
Clause of(1)theof Governor.
Article 164 e
must be
read together with Clause (2) of the same article. It says that the council of ministers
Minister
is collectively responsible to the state legislature. It also the Chief
includes
ostensibly because he is the head of this council. This means that so long asthe ministry
as
enjoys the confidence of the legislature, it can
hold office. However, the phrase is not
simple as it sounds and may lead to several complicated problems.
 Govemor Constitutional Position and Political Reality 309
The
when a Chief minister and his partymen are reduced to a minority in
What happens
legislature through defections? The Governor, in this case can ask the CM to prove
the onthe floor of the Assembly. The Committee of Governors, appointed by the
his strength 1970. had recommended that a CM's refusal to test his strength on the floor
President in
Pe Assembly can well be interpreted prima facie as proof of his no longer enjoying
Oonfdence of the legislature. It may also happen that a reluctant CM may try to
change the date of the Assembly meeting. When the CM dillydallying, tries to bypass the
ing the Governor has no alternative but to dismiss him and his ministry. He can also
nake a report to the President under Article 356 regarding the failure of constitutional
chinery in his state. In case the strength is tested during an Assembly meeting and
he CM fails to muster a majority, he can easily be dismissed by the Governor. What is
nphasized here is that dismissal should take place only after a clearcut verdict by the
Assembly. In other words, Article 164(1) should come into force when Article 164(2) has
heen fully observed. A situation may arise when a defeated ministry refuses to resign
Pven after a vote of no-confidence has been passed against it. In such circumstances, the
Governor is entitled to dismiss the ministry and install a new ministry in the state.15
Defeat of the government on important policy matters, for instance the budget, also
tantamounts to a vote of no-confidence against the government and creates grounds for
intervention by the Governor and, in all probability, would lead to the dismissal of the
government.
But, what would happen in case a Chief Minister, who is accused of corruption,
maladministration or any other unpatriotic deed, enjoys the confidence of the House?
Pylee says that a Chief Minister or a minister can be removed if he undermines the unity
of the nation and establishes an independent state or enters into secret negotiations with
a foreign power with a view to break away from the federal union. The
Governor may
l6 In cases
justifiably dismiss such a ministry, even if it enjoys a majority in the legislature.which may
Of corruption too the Governor can order the prosecution of the Chief Minister
Subsequently lead to his dismissal. The case of MA R Antulay can be cited here. Antulay
took over as the CM of Maharashtra in 1980. In August 1981, an eminent journalist, Arun
Dnourie, in an article in the Indian Express charged Mr. Antulay with abuse of powerlaid in
to the guidelines
otng cement, an essential commnodity in short supply, contrary for donations made
down Tor equitable distribution, to certain big builders as quid pro quo
the High
Othe trusts which he had created. PB Samant and others filed a petition in
Court and Justice Lentin found Antulay guilty of corruption.
Antulay resigned and appealed against the decision, but of no avail. The Governor
to
Vaharashtra, acting on his own discretion, gave his sanction to the applicants
a full hearing
prosecute Antulay under the Prevention of Corruption Act, after giving
to Antuy.
not a discretionary one and may
eOwer to dismiss the CM of a state is in reality
repercussions on the Governor's career itself, as was proved in April 1994
Dus
 310 Indian Publc Administration
in the case of Goa. On 2April, 1994, Governor Bhanu Pratap Singh dismissed
the state, D'Souza following serious difference of opinion with the latter on athe CM o
issues, despite the fact that D'Souza had the support of 23 MLAs out of the variety
38 of
of the Goa State Assembly. The Governor administered the oath of
closest rival Ravi Naik without taking the approval of the centre. me rnbers
office to
D'S ouI as
soon and the Governor himself was unceremoniously dismissed on Retribution fol owed
3 April. 1o4
Dismissalof a Minister or the Council of Ministers
When the Governor appoints the Chief Minister under Article 164(1), he is
anyone's advice. But, while appointing the council of ministers under the not acting on
acts on the advice of the Chief Minister. This would imply that he is notsame clause,vt he
as free
removing a minister or the council as a whole as he is while removing the Chief Minisk
The advice of the Chief Minister is obligatory on the
Governor with
dismissal of other ministers. "In the absence of such authority in the handsregard
to h
of the Chie
Minister, parliamentary democracy is nothing but a farce."17 The Governor can dismis
a minister on the advice of the Chief Minister.
However, he cannot dismiss the ministr:
in a collective form, for the words "during the pleasure of the
the pleasure of the legislative assembly. The right to oust them
Governor" in reality meat
collectively belongs to
the Assembly and not to the Governor. Lastly, in all cases of dismissal of either the CM.
a minister or the entire ministry, the decision of the
Governor is final and cannot be
challenged in any court of law.18
Prorogation of the Legislature
The Governor exercises this power by virtue of the fact that he is
an integral part of the
legislative process. A word may be said here about the difference between adjournment
prorogation and dissolution of the legislature. An adjournment is an interruption n
normal business of the House in the course of one and the same session and this power
exercised exclusively by the Speaker. Prorogation means end of a session of the Assem
dissolution means the end of the Assembly and a signal for fresh elections.
It is a convention that, while prorogating the House, the
Governor must consu,
Chief Minister and the council. Yet, this principle cannot be accepted in toto. He hasa
discretion in this regard and it must be judiciously exercised. When the Chief Minister
advises the Governor to prorogue the Assembly in the middle of the Sessionto save the
Chief
ministry from defeat in the Assembly or there is a againstthe
no-confidence
Minister or his council, the Governor, in his discretion can refusemotion
to do so. The CM may
have lost his majority due to defection or splits in the party and yet he wants tostayin
power and indulge in horse-trading to regain what he has lost, viz., majority support
such a case, the Governor must carefully prongue
scrutinize the situation and proceed to
it only when he is satisfied that the
motion is not frivolous but genuine.
 The
Constitutional Position and Political Reality
Govemor: 341
Summoning the House
Governor is empowered to summon the chambers of the state legislature simultaneously
separately but more than six months should not elapse between two sessions. Under
or
Wicle 175(1), he can also summon a joint session and address both the Houses together.
s does not hold good when the state is under President's rule under Article 356 and
state Assembly is dissolved or in astate of suspended animation. Constitutional
expertsare sharply divided on the question whether this is a discretionary power or not.
Normally and conventionally, it ought to be treated as a duty rather than a power. He
llonsult the Chief Minister and his ministers because the latter provide business for a
session of the legislature. But, what happens when a Chief Minister, fearing defeat in the
Assembly, does not advise the Governor to summon the session. By not summoning the
leaislature, would not the Governor be violating the constitution? Can he be removed by
the President for not summoning the legislature? What would happen if the same party is
uling at the centre and in the state and the President, advised by the council of ministers
(who also belong to the same ruling party), advises the Governor not to summon the
session? What is the proper course of action? These questions have no answers, since the
Governors have behaved differently at different times in the same context. Conflicting
views of jurists make the situation still more confusing. BR Ambedkar was of the view
that, since it was more a duty than a power, by not summoning it he would be violating
the constitution. The Governor's Conference, held at New Delhi in 1970, was of the
opinion that since the Assembly was the proper forum for assessing the claims of the
contenders, the Governor could summon it even if the Chief Minister advised against
it. Experts such as CK Daphtary, M C Chagla and L M Singhvi also hold that it is his
discretionary powe.
Dissolution of the Assembly
II the ministry enjoys a majority and yet demands dissolution, there is no alternative but
to order dissolution. Similarly, the Governor can order dissolution, under Article 356,
Tth¹ ministry resigns without passing the budget. But if the suggestion of
dissolution
comes from a ministry that has lost its majority and is afraid of the opposition taking
Over, the Governor can refuse. In this case, it is his duty to summon the Assembly and
ry to find an alternative in the House. In his discretion, he can refuse to accept the
advice of dissolution. However, he should avoid entering into controversy or becoming
by the centre
party to the politics of defectors. This august office should not be misused
to engineer defections.
Keservation of Bills for Reconsideration by the President
total veto power but can
ne process of legislation, the Governor does not have a
a bill passed by the
ystal legislation. Under Article 200, the Governor can reserve following
8siature for reconsideration of the President. A bill can be reserved under the
of the
acumstances: (i) if the bill is unconstitutional, (iü) if it is against the larger interest
 312
ndian Public Administra.
country, (i) if it is in direct opposition to the Directive Principles of State
Po
the bill passed by the state legislature is of grave national importance, (v) if it
the position of the High Court and (vi) if the bill, deals with the licy, (iwji
of property under Article 31(3),20 It is interesting to note that,
Article 200 does not contemplate that the Governor shall first oi acenqd
compulsory
uan
isgitr
his assernt and, when the bill has become a ful-tledged law, reserve
it for theconsideration of the President. Reservation is an alternative
to his giving or refusing assent to the Bill. Indeed, in matters where
reservation is compulsory, the Governor is prohibited from giving
his assent.21
But, it is certainly a discretionary power because the Chief
of ministers would certainly not advise the Minister or the
Governor to reserve a bill for the Prosa.
after it has been passed by a majority in the
not specify the time-limit within which the legislature. However, the constitution de
bill would come back.
Governor can reserve the bill and when .
The Punchhi Commission (2010) has
should be fixed in such cases. recommended that a time limit of six montt:
Under Articde 201, when the Governor sends a billto the President for
the President has to declare whether he is giving or reconsideratian.
non-money bills, the President, if he is not giving hiswithholding
his assent. In cases a
assent,
send the bill back to the House or Houses as the case may be.
can ask the Govemor t
The House or Houses wl
reconsider this bill, sent by the President, within a period of six months from the date
of receipt of such message and, if it is again passed by the
House or
without amendmnent, it shall be presented again to the President for hisHouses, with or
consideraton
Governor's Assent to Bills and Returning of Bills to the House
Article 200 says that when a bill has been passed by the state
legislature, it shals
presented to the Governor and the Governor declares whether he assents, is withhoia
assent or reserving it for reconsideration by the President. In
cannot withhold his assent because, under Article 207, money billscasecan
of money b
be introducedin
the state legislature only after the approval of the Governor. Hence, he cannot withhold
assent to a bill he has approved of in the first instance. He cannot send a moneybil
back for reconsideration by the House.
with
In case of a non-money bill, he can send the bill back to the togetherr w
his recommendations in his message to the House or Houses. TheAssembly
House or Houseswil

reconsider this bill and, if it is passed again with or without the amendments desiredmayb
the Governor, the Governor cannot withhold his assent bill.It
and has to sign thewithholdiy
be mentioned here that returning the bill to the when
legislature does not mean
assent. JR Siwach, in his study, gives examples to prove his point and sayS doesnotthat
assent is withheld, the bill is not sent back for reconsideration,22 Article 200
 The
Governor: Constitutional Position and Poltical Reality 313

specityany time-limit within which the bill has to be sent to the legislature by the
Govermor tor reconsideration. lt merely uses the words "as soon as possible".
Tone and again, Governors have withheld their assent to a particular bill because
this power is given by Article 200,2% But, generally, the power has not been used much
probably that was the intention of the constitution-makers. They certainly did
t want the Govemor to act as the super limb of the legislature. Frequent misuse of
this power may lead to the resignation of the ministry. Besides, healthy parliamentary
omis have taken shape in such a manner that he does not use an absolute veto but can
hpass an embarrassing position by reserving the controversial bill for the Presidents'
onsideration.
Governor's Address

According to Article 175(1), the Governor can address either House of the state legislature
separately or both the Houses assembled together. He also delivers the special address
at the commencement of the first session after each general election to the Legislative
Assembly at the commencement of the first session of the year and an inaugural
address at the budget session. The address, whenever delivered, is prepared by the
Chief Minister and his council of ministers. The address must not make any reference
to the High Court and should be in accordance with the oath the Governor takes under
Article 159. In all cases, it is a written speech and he merely intones the words of the
ministry. The important question in this regard is whether he can delete an objectionable
part from this address. Prominent jurists such as Ashoka Sen and MCSetalvad have
held the view that he can avoid reading certain lines or paragraphs when these lines or
paragraphs condemn the Governor for his earlier actions, as, otherwise, it would be as
if the Governor were delivering a verdict against himself. He can also omit any part if
it is not within the limits of constitutional propriety.
Seeking Information
The right of the Governor to seek information fromn the Chief Minister is again a
discretionary one because it would be ridiculous to say that the Governor should consult
to the Chief Minister before seeking information from him. Under Article 167(), it is
e duty of the Chief Minister to keep the Governor informed about the decisions of
Ue council relating to the administration of the affairs of the state and proposals for
gislation. Under Article 167(c), the Governor is empowered to ask the Chief Minister to
submit for the consideration of the councilof ministers any matter on which a decision
Deen taken by a minister but which has not been considered by the council. This
1S related to the power of asking for information. "For, while going through the
Ons of the government both by the cabinet and individual ministers, the Governor
requires
rone across a particular decision made by a minister which, in his opinion,
econsideration by the Cabinet as a whole."2
 314 Indlan Public Administration
THE GOVERNOR AND THE PRESIDENT'S RULE
Under Article 356, the President can declare emergency in a state on
from the Governor of the state or otherwise if he is satisfied that a receipt of a
in which the government of the state cannot be carried out in situation has repo
provisions of the constitution. Animportant aspect of this article isaccordance witharisethne
that
be imposed on a state even without the Governor's report. HS Kathuria, in tan emergency
his bock
President's Rule in India, has given an excellent analysis of the factors that coul
to such an emergency. In brief, they are: (a) breakdown of law and
(6) political instability as a result of defections, (c) paralysis of the order machiner,
as, for instance, when the Chief parliamentary
Minister does not resign, even after
(d) corruption, maladministration, separatist activity and losing the prmajocess,
orit
against the ministry, () loss of public confidence in theterrorism, (e) popular agit
majority, (g) a party with an
absolute majority refusing to form the government and preventing the installation of
minority government, (h) no coalition government is set up, and (i) voluntary courtne
of it by a state to override a peculiar or particular problem.25
Such an emergency can have the following effects: (a) the President can
himself all or any of the functions of the government of the state other thanassume the High
tn
Court, (b) declare that the powers of the legislature of the state shall be
or under the authority of the Parliament, and (c) make exercisable by
provisions necessary or desirable
for giving effect to the objects of the proclamation.
Every such proclamation must be laid before each House of the Parliament and
will cease to exist at the expiration of two months unless it has been
chambers of the Parliament before this term expires. If, during theseapproved by both
two months, the
Lok Sabha dissolved and the Rajya Sabha has
approved it, then, the proclamation shal
cease to operate on expiration of thirty days from the date on which the Lok Sabha hrst
sits after its reconstitution, unless it is approved by the Lok Sabha before the
of this term. A proclamation so approved shall, unless revoked, cease to expirat
operate on u
expiration of aperiod of six months from the date of issue of the proclamation.
revoked, its life can be extended by six months each, several times, but in no case bevond
three years.
Article 356 is a corollary to Article 355. The latter imposes a duty on the Union to
secure that the government of every state is carried on according to the provisionsofthe
Constitution. The former gives the Union the power to ensure that Article 355 becont
effective and, in case of difficulty, to overcome it by imposing,
Article 350.and judgement
The Governor, while sending his report, has to use his own discretion
"By the very nature of the power, it cannot be the
Ministry
exercised on the advice the
for, it may very often happen that the report condemnation of
Chief Minister to the effect that the may itself be a being
not
government run by the Chief Minister is act
must
conducted in accordance with the Constitution."26 At the same time,
. . the
 315
Govemor: Constitutional Position and Political Reality
The
the
be
bonafide and must have material to sustain his judgement that the government of
state really
can not be carried out.
nOn the question of invoking Article 356 in case of failure of constitutional machinery
.ctates, the Purnchhi Commission (2010) recommended that suitable amendments
hauld be made to incorporate the guidelines set forth in the landmark judgement of the
Canreme Court in SR Bommai V. Union of India (1994). The Commission also observed
that "the proper use of Article 356 can ultimately be governed by the inherent decency
and honesty of the political process."
Politicalization of the Governor's Position
President's rule
In case we examine the hundred and more cases of the imposition of the
in states, a large number would appear to be controversial. In fact, discretion not backed
by objectivity and rationality is bound to create controversies.
In the past B P Singh, the Governor of Goa, had gone to the extent of replacing the
was an
Chief Minister with another MLA by interpreting the pleasure' clause. This Sarkaria
obvious misuse of the clause. The Central Government continues to flout the
Commission's advice that active politicians should not be appointed as Governors. The
the
results are unsavoury. Governor Gulsher Ahmed of Himachal Pradesh quit from
office after a row over his involvement in the election campaign of his son. Sudhakar
active
Rao Naik quit after making his intentions clear that he wanted to return to
politics. And again the UP Governor, Moti Lal Vora had been accused of acting at the
behest of his 'erstwhile' party's top leadership. In October, 1995, when the BJP withdrew
State Assembly
support from the minority BSP government in UP, the Governor kept the ordered in the
in suspended animation on the plea that the Supreme Court had
SR Bommai Case (when Rajiv Gandhi dismissed the Bommai Government in Karnataka)
that a Governor should not dissolve the Assembly without a proclamation to this effect
being discussed and debated in the Parliament. But he did exactly the opposite of his
utterances after 12 days when he recommended the dissolution of the Assenmbly. This
he did without providing any chance to any claimant to form the government nor was
behaviour
the matter discussed in the Parliamnent. This 'inconsistency' of the Governor's
Bhushan,27
Was criticised by constitutional experts such as P P Rao and Shanti

IS GOVERNOR AN AGENT OF THE CENTRE?

link
nere are a few articles in the constitution which make the Governor an important
160 says that the
tne chain of relationship between the Union and the states. Article
Tresident may confer on a Governor functions in any contingency not provided in the
reconsideration
COnstitution. Under Article 200, the Governor can reserve a bill for the
the
the President. Under Article 356, emergency is proclaimed by the President onChief
167 puts an obligation on the
MoT the Governor's report or otherwise. Article state
uSter to keep the Governor informed about the of affairs and the latter informs
 316 Indian Public Administrat
the President. Article 257 provides that the executive power of the state shall
exercised as not to prejudice the exercise of the executive power of the Union,
that the Governor should ollow the advice and instructions of the President
Keeping these articles in mind, what exactly is the role of the Governor
Tmearig
centre? Has he merely to function as the 'good boy' of the Centre or Can he viS-4-Uis hites
own judgement and discretion? The seeds of the problem are inherent in his exercise
methe
of appointment. He is nominated by the President KV Rao says that it is th is
which is most obnoxious. He says, "Today at the root of all troubles is the thimg
that the Head of the State is neither chosen by that state nor is he responsible tnsirnple fa
nor removable ..."s By the very method of appointment and removal, the Goven
becomes subordinate to the President and events prove that he cannot disobey hin, Ra
distinguishes between his role as a 'link' and as an 'agent'. His role as a link is mo
positive than an agent. He "cannot be both these things at the same time. He should h
a refiection of the state government . but not its antithesis nor a spy of the Centre
Leaving aside the discussion as to what an ideal situation should be, the post-i196
period shows that the Governor is today more an agent of the centre than of the staz
SCDash has an interesting commernt to make in this regard. He says, "A split personaitr
is at times an encumbrance and a Governor is expected to display such a personality. He
can play the role of a Dr. Jekyllwith the Union Govermmernt and of Mr Hyde with the z:
Counclof Ministers and it would be difficult for either party to bring him to book."
CONCLUSION

Severalquestions and problems arise regarding the role of the Governor in state polta
They will continue to haunt us. It would be wrong to blame the constitution-make
this regard as they could not have visualized all the problems that would arisepositin
his
articie related to him may give riseto new controversies but, to understand conventios
we must look at the constitution as an organic whole. This, and several GovemY
which have emerged, make the smooth running of the government possible. The intended
certainly does not have muchto do, but that is because the constitution-makersroleisthu
His
it that way. He is not supposed to run a parallel government in the state. politician.He
of a sagacious counsellor, mediator and arbitrator rather than an activemean immediate
Gret
has to abide by the advice of the council of ministers but that does not decisions.Artik
acceptance. He can reserve bills for reconsideration and prevent hasty undershhoull
caution and restraint must be exercised while reporting to the President Hehimsel
356. Otherwise, his image as the guardian of the state would get tarnished,
identified
keep himself away from active politics. An active politician, who has recommendatio
of
critis
with a political party, cannot inspire the total trust of the people. The
Lastly, Slonh
of the Sarkaria Commission in this respect deserve serious consideration.necessity.
ftthe
the institution should realise that, in a parliamentary democracy, it is a onbehalfof
it is emerging from slumber and some Governors have taken up cudgels
 The
GOvemor: Constitutional Position and Political Reality 317

e at the risk of losing their jobs. Hence, "it would be a gross fallacy to regard the
institution of the Governor as a faint presence like a full moon at midday."1

NOTES AND REFERENCES

1. Government of India, Commission of Centre-State Relations (Punchhi Commission),
Report (New Delhi, 2010).
2. Governnment of India, Commission on Centre-State Relations, Report (New Delhi,
1988).
3. p.HM1736.
Seervai, Constitutional Law of lndia Vol., 3rd ed. (Bombay: Tripathi, 1984),
4. DD Basu, Shorter Constitution of India (New Delhi: Prentice Hal, 1988),
p. 419.
5. JR Siwach, Office of the Governor-A Critical Study, 1950-73 (New Delhi: Sterling,
1977), p. 124.
6. Seervrai, Constitutional Law of India, p. 2139.
7. Govind Narain, "Constitutional Obligations," in Soli Sorabji, et al, eds., The
Governor: Sage or Saboteur (New Delhi: Roli Books, 1985), p. 77.
8. J N Pandey, The Constitutional Law of India (Allahabad: Central Law Agency,
1981), p. 312.
9. KV Rao, "Role of State Governor in India," in Verinder Grover, ed., Essays on
Indian Government and Politics (New Delhi: Deep & Deep, 1988), pp. 194-95.
10. MV Pylee, "Role of State Governor in India" in Ibid., p. 193.
11. MSDahiya, Office of the Governor in India (Delhi: Sundeep, 1979), p. 57.
12. Cited in Siwach, Office of the Governor, p. 52.
13. Seervai, Constitutional Law of India, p. 1723.
14. Ibid.
15. NS Gehlot, The Ofce of the Governor: Constitutional Image and Reality (New Delhi:
Gitanjali, 1987), p. 87.
16. MV Pylee, Constitutional Government in India, (Bombay: Asia, 1968), p. 521.
17. Dahiya, Office of the Governor in India, p. 88.
18. Siwach, Office of the Governor, p. 83.
19. DCGupta, Indian Government and Politics (New Delhi: Vikas, 1978), p. 35.
20. Sorabji, et
For details see Soli Sorabji, "The Constitution and the Governor," inGovernment
Varadachari,
at, The Governor: Sages or Sabotene, p. 25. Also see V K
in the Indian Constitution (New Delhi: Heritage, 1980), p. 62.
21. Basu, Shorter Constitution of India, pp. 461-462.
22. Siwach, Ofice of the General, p. 223.