Sansad TV Perspective: State Govt vs Governor

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: State Govt vs Governor

Anchor: Vishal Dahiya

Guests:

1.   K.V. Prasad, Senior Journalist
2.   Sanjay Singh, Senior Journalist
3.   Shyam Suman, Legal Editor, Hindustan

Context: The recent tussle between the Governor and the State Government of Kerala.

Highlights of the discussion:

• Introduction.
• Governor- State Government issue.
• Details of Kerala tussle.
• Judgments related to Governor.
• Conclusion

Introduction:

• Kerala Governor Arif Mohammed Khan has written to Chief Minister Pinarayi Vijayan informing him that he has ceased to enjoy pleasure in Finance Minister K N Balagopal, indicating that he wants the minister sacked. Kerala CM has said that he has undiminished trust and confidence in his minister. 
• There have been several other incidents of tussle between the Governors and State governments in Delhi, Maharashtra, West Bengal, and Tamil Nadu. 
• The position, role, powers, and conditions of office of the Governor are described in Articles 153-161 of the Constitution. 
• Governor is the chief executive head of the state and acts on the advice of the council of ministers, barring some matters. Being appointed by the President, the Governor acts as a vital link between the Union and the state governments.

For more information on the Governor, read here: Governor – Appointment, Term, Functions & Discretion

Governor versus State Government:

• The Constitution of India is very clear on the role and responsibility of the Governor. He is the executive head of state and is the nominee of the President of India.
• In various instances, it is observed that the Governor flags an issue that the state government is not acting in accordance with the set procedure and the Constitution. And, the Government of the day in various states also holds such views against the Governor. This often flares up debates and causes flash points in the relationship between the Governor and the State Government.
• This is an ongoing issue for several decades because of the difference in fundamental understandings. For instance, the Governor being the custodian of the Constitution considers himself/herself to represent the larger interest, whereas the state government being the elected representative holds the view that it enjoys the greater responsibility.
• There is a positional issue as the Governor and Chief Minister have to abide by the Constitution. The situation becomes crucial when there is a difference in perceiving the role and functions of the Governor given in the Constitution.
• Moreover, there is also a political angle involved in case the political parties at the centre and the state are different.
• The worrying sign is the uncomfortable situation where a dent in relation can further weaken the Centre-State relationship. For instance, in the past various states withdrew the General Consent to the central organization of CBI (Central Bureau of Investigation). A similar case was seen when the West Bengal Government divested the Governor of the Chancellorship by passing a bill. States like Punjab and Kerala are also considering a similar move.

Details about Governor vs Kerala Government:

• The Governor of Kerala has flagged an issue against Kerala’s Finance Minister’s speech. He is also of the view that the state government was not acting in the desired way.
• However, the state government of Kerala has a distinct understanding of their rights and according to them, they are very much on the right path in terms of legislative decisions.
• There have been multiple instances of differences seen between the present-day Governor and the Chief Minister on various topics/bills/decisions.
• Prior to this issue, there was another issue regarding the appointment of the Vice Chancellor of a Technical University. This was another flashpoint in the already disturbed relationship between the two. It is observed that though unfortunate, the appointment of the Vice Chancellors is not purely based on academic credentials and is often swayed by political reasons. The state government considers the appointments to be their domain, whereas the Governor holds the view that being the Chancellor of the University, he should have a greater say.
• Various arguments related to the case:
  • Governor cannot withdraw the pleasure as he should act on the advice of the Chief Minister to appoint or dismiss a Minister. At the most, he can recommend the Chief Minister to act against a Minister who is not upholding the constitutional duties.
  • Others hold the view that even though Governor does not have the power to “withdraw pleasure,” by using the phrase a strong message was conveyed and the debates regarding the issue erupted.

Various Judgements related to the powers of the Governor:

• In 1974, the Supreme Court delivered a judgment highlighting that the Governor has no clear power and should act in aid and advice of the Council of Ministers. However, Governor has some exceptional powers in case the state government loses the majority in the state assembly.
• According to the Nabam Rebia case of 2016:
  • A Governor cannot employ his “discretion”, and should strictly abide by the “aid and advice” of the Cabinet to summon the Assembly for a floor test.
  • Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a Chief Minister or the dismissal of a government that has lost confidence but refuses to quit, etc. 

Associated Legislative issues:

• According to the Constitution:
  • All state actions are taken in the name of the Governor. Governor is the executive head of the state.
  • Governor should act on the aid and advice of the Council of Ministers. However, the same article proposes some exceptions where the Governor can act at his/her discretion.
  • Moreover, in the case of mercy petitions, Governor is also bound by the aid and advice of the Council of Ministers.
• There are several examples in the legislative history of both the Centre and the states where the President and the Governor have refused to sign a bill or sent it back for reconsideration.

Conclusion:

In the past also there have been multiple instances of difference of opinion between the Governor and the State Government. It is difficult to make a sweeping statement favouring any particular authority. The issue should be carefully considered on a case-to-case basis keeping the larger interest at the forefront and upholding constitutional values.

Read all the previous Sansad TV Perspective articles in the link.

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