Initially Office of governor in India were designedto be a link between Centre and state, but instead, it has now become a tool in the hand of Centre to interfere in the working of state government.Do you agree with the view that we have to rethink the role of the Governor in the constitutional scheme? Comment. (200 words)
Refer – The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 6 years
KEY POINTS
· Under the constitutional scheme, the Governor’s mandate is substantial.
· From being tasked with overseeing government formation, to reporting on the breakdown of constitutional machinery in a State, to maintaining the chain of command between the Centre and the State, he can also reserve his assent to Bills passed by the State Legislature and promulgate ordinances if the need arises.
· There are numerous examples of the Governor’s position being abused, usually at the behest of the ruling party at the Centre.
· In the current political climate — examples being Goa, Manipur and Karnataka — it may seem natural to suggest that the post of the Governor has outlived its utility.
· These occurrences are but instances in a long chain of events stretching back decades, all of which point to the need to ensure proper checks and balances to streamline the functioning of this office.
Causes
· The root lies in the process of appointment itself.
· The post has been reduced to becoming a retirement package for politicians for being politically faithful to the government of the day.
· Consequently, a candidate wedded to a political ideology could find it difficult to adjust to the requirements of a constitutionally mandated neutral seat.
· This could result in bias, as appears to have recently happened in Karnataka.
· Lack of checks and balances to prevent any abuse of Governor’s discretionary functions.
Suggestions
· A possible solution would be not to nominate career politicians and choose “eminent persons” from other walks of life.
· Both the Sarkaria and M.M. Punchhi Commissions seem to hint at this.
· A fixed tenure for Governors could go quite far in encouraging neutrality and fairness in the discharge of their duties, unmindful of the dispensation at the Centre.
· The Governor has the task of inviting the leader of the largest party/alliance, post-election, to form the government; overseeing the dismissal of the government in case of a breakdown of the Constitution in the State; and, through his report, recommending the imposition of President’s rule.
· Since the Bommai verdict allows the Supreme Court to investigate claims of mala fide in the Governor’s report, a similar extension to cover mala fide in the invitation process could be a potential solution to prevent any abuse of his discretionary functions.
