Governor’s vs State Government’s

Governor’s vs State Government’s

News: Few state governments have moved SC against the conduct of the Governors for keeping bills pending.

What did the Supreme Court say?
• A three judge bench led by CJI DY Chandrachud said Governors “must act” before the matter reaches the court.
• The Bench said Governors “cannot be oblivious to the fact that they are not elected representatives of the people.”

Governor of states:
• Article 153 to 167 in Part VI of Constitution deals with appointment, terms of office, qualification of Governor’s office and relations with CM and Council of Ministers.
• The Governor is appointed by the President and is considered a nominee of the Central Government.

Recent issues:
• In Punjab, the Governor had kept 7 bills pending. The Kerala and TN governments have also filed similar pleas.

What are the friction points between Governor and State government’s?
• Political Bias – The Governor is viewed as an agent of Central government who is motivated by Political considerations rather than best interests of the state.
• Misuse of Discretionary power – The governor enjoys discretionary power, For example, power to grant or withhold assent to the bills passed by legislature. Such powers are often misused as is seen in recent cases.
• No Time Frame - There is no limit set for how long a Governor can withhold assent to a Bill. This leads to delay and creates uncertainty.
• Conflict of interest – Being the ex-officio chancellor of state universities, they use their powers to influence the appointment of Vice-chancellors.
• The Governor sends a report to the centre which forms the basis of the Union cabinet’s recommendations to the President for invoking Article 356 (President’s Rule).

Way Forward
• Appointment process of Governor should be a transparent and apolitical. For example, The Sarkaria Commission, set up in 1983 to look into Centre-state relations, proposed that the Vice President of India and Speaker of Lok Sabha should be consulted by the Prime Minister in the selection of Governors.
• Ensure necessary steps to ensure time-bound decisions by Governor
• Follow recommendations of MM Punchhi commission
• Role of Governor’s in Universities should be minimized to avoid unnecessary frictions