Governor's Role And Controversy

Governor’s Role And Controversy

Source: It is high time the colonial institution of the governor is reined in (The Indian Express, November 21, 2023)

Dispute over Governor’s Actions: Tamil Nadu’s Governor, R N Ravi was recently criticised by the Supreme Court. He was told he does not have the authority to judge the elected government.
Legislative Obstacles: Governor Ravi did not approve 10 bills from the state legislature. The Tamil Nadu Assembly held a special session to pass these bills again.
Governor’s Appointments and Decisions: There is a delay in government decisions. The decisions involve minister prosecutions, appointments, and prisoner releases. The Governor is yet to act on them.
Inherited Colonial Role: India kept the colonial governor role after independence. The role is controversial. Governors are seen as Union government agents. They monitor elected state governments.

Presidential Election: The president is chosen by the country’s elected officials.
Governor Appointment: The Union government alone appoints the governor.

Presidential Impeachment: Impeachment is the only way to remove a president.
Governor’s Tenure: The governor can be dismissed by the Union government at any time.

Presidential Checks: The president must be cautious, knowing they can be removed by elected representatives for misconduct.
Governor’s Immunity: A governor remains in office if they follow Union government directives and are not held accountable by courts for actions during their term.

Misuse of Power: Governors have often manipulated political outcomes. An early example is Sri Prakasa in Madras. Without a public vote, he tried to establish a government.
Calls for Removal: Many experts sometimes want to abolish the governor’s role. This reaction is too extreme.
Importance of the Role: In the Westminster system, we need both a head of state and a head of government. The governor is vital.
Seeking Solutions: There’s no need to remove governors. Better options exist, like judicial oversight or constitutional amendments.
Judicial Oversight on Governors: Judges are increasingly examining governors’ actions. While governors cannot be legally blamed due to Article 361, the courts have influenced the central government to remind governors to fulfill their responsibilities.
Constitutional Reforms for Accountability: Another choice is to change the constitution regarding governors. Governors should answer to state legislatures, similar to the president’s accountability to parliament. This would involve being elected and subject to impeachment.
Strengthening Democracy and Federalism: Whether through courts or constitutional changes, it’s critical to control the governor’s role. This would help fortify Indian democracy and federal structure.