THE CONSTITUTION AND REALITY OF THE GOVERNOR’S ROLE IN INDIA: AN EXAMINATION OF THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE GOVERNOR

Author – Ekshita Jain, Student at Christ (Deemed to be) University

Best Citation – Ekshita Jain, The Constitution and Reality of the Governor’s Role in India: An Examination of the Powers, Duties, and Responsibilities of the Governor, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 120-125, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

A controversial discussion about the governors’ discretionary power has been going on since the Indian Constitution was adopted. Being an unelected constitutional government member, the Governor’s Office has been caught in the middle of turmoil. According to the Constitution of India, the governor is responsible for maintaining law and order in the state, appointing the chief minister and other ministers, and ensuring the functioning of the state’s legislative and executive bodies. However, in the reality of Indian politics, the governor’s role and power can vary widely depending on various factors, such as the political composition of the state, the ruling party at the Centre, and the personal beliefs and biases of the governor. In some cases, governors may act as a mere rubber stamp for the ruling party at the Centre, while in others, they may exercise significant influence over the state’s politics. There are several instances of the Governor’s position being abused, frequently at the direction of the Centre’s ruling party. Typically, the appointment process is what causes it. In several instances, the central government has selected politicians and former bureaucrats who identify with a specific political ideology as governors. This violates the neutral seat required by the constitution and has led to bias, as it appears to have in Karnataka and Goa. President’s Rule (Article 356) recommendations from governors have sometimes been based on ‘objective facts,’ but rather on political whims or preferences. Hence, this paper analyses some of the issues pertaining to choosing the chief minister, determining when to demonstrate legislative majority, requesting information about daily operations, appearing to take a long time to assent to bills or reserving bills for the President, criticizing specific state government policies. Therefore, the methodology used in this paper is primarily analytical and supported by statistical data. There are a lot of recommendations and suggestions given by various commissions like Punchhi and Sarkaria to solve these kinds of issues coming up. The “Punchhi panel – 2010” advocated including a clause allowing the state assembly to remove the governor from office. The governor’s appointment should include input from the state’s top minister. The Sarkaria Commission advised against frequently using Article 365. Enhancing India’s federal system is necessary to stop gubernatorial abuse. The governor must exercise his discretion and personal judgment while acting responsibly, impartially, and effectively for the smooth operation of the government.