With increasing incidences of tension, and even amid standoffs State Governments and GovernorsThis has sparked debate again Role of Raj Bhavan, In a discussion moderated by Sonam Sehgal, Margaret Alva And MR Madhavan Discussion Role and conduct of governorsThe relation of the governors with the central and state government, and should the chief ministers have their say in this? appointment of governors in their respective states. Edited excerpt:
What are the roles and responsibilities of the Governor? What is the importance of post?
Margaret Alva: The post of governor is actually inherited from the past. The Mughals had governors to be able to reach vast areas of the empire. The British also had governors to be able to rule India. There are those who believe that the office is redundant, and there are others who feel that the governor plays an important role. For me the governor is essentially a link between the Center and the states. The governor has various functions, such as addressing the joint session of the assembly and the budget session, and signing bills passed by the assembly. The governor has administrative and political functions to perform.
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Mr. Madhavan: We are a federal country with a clear design that there will be constituent states that elect their own governments and a union of states. Therefore, there is a need to ensure unity and some level of uniformity throughout the union. This creates its own tension. One of the designs of the Constitution to manage this tension is believed to be the post of the Governor as a link between the Center and the States. It could be argued that the post of governor has at times added to the tension rather than resolved it.
According to Article 155 of the Constitution, the Governor is appointed by the President. But the Sarkaria Commission, set up in 1983 to examine Centre-State relations on various points, felt that the Chief Minister should be consulted before appointing the Governor for the proper functioning of the parliamentary system. Why do you think this recommendation was made?
M.A: The appointment of the Governor is in the hands of the ruling party in New Delhi today. I regret to say that many governors act as if the Raj Bhavan is the party office of the ruling party. They always take decisions according to their instructions [Union] Ministry of Home Affairs and Central Govt. The governor is supposed to be an independent, non-partisan person. It should keep the interests of the state in mind and also ensure that the link between the state and the center is maintained smoothly. We turned everything upside down, treating governors like bulls in a china shop, changing governments at will, with little regard for the elected body, assembly or state. The relationship between the Governor and the Chief Minister determines its smooth functioning. But in many, many cases this is not happening.
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So the Sarkaria Commission probably thought that if the appointment is made in consultation with the Chief Minister, there would be smooth functioning and better relations. But the governor has to take independent decisions, whether it is a question of deciding the government, numbers or a vote of confidence. The Governor may have to go many times against the wishes of the Chief Minister. Therefore, to say that the Chief Minister should approve the appointment of Governors is not correct. I feel [there should be] general consultation. The opinion of the Chief Minister will help in making the functioning of the Governor in the State more effective and perhaps more conducive to the interests of the State.
MRM: It must be seen how the relationship developed between the Centre, the State and the office of the Governor. Till 1967, when the Congress was at the center and in most of the states, it ran smoothly. Then in 1967 the situation got worse. Between 1967 and 1971 there were three high level bodies that looked into the issue. The first Administrative Reforms Commission report was presented in 1969. The Government of Tamil Nadu established the Rajamannar Committee. And the President’s Secretariat constituted a committee. All three said that the Chief Minister should be consulted before appointing the Governor.
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The National Commission to Review the Working of the Constitution said, “It would be appropriate to suggest a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha and the Chief Minister of the State concerned to select the Governor.” what do you think
MRM: It also said that the committee may include the vice-chairman. So, instead of leaving it purely to the executive, it said that the role of the central legislature is through the Speaker, and the role of the state is through the Chief Minister, so that you find one that is acceptable to all. I agree with Ms. Alva: you cannot leave it to the Chief Minister. But it is useful to take advice from the Chief Minister.
M.A: I think the overall composition of the committee is that of the ruling party at the Centre. I think it should be the Vice President, the Speaker of the Lok Sabha, the Leader of the Opposition and perhaps the Chief Minister of the state. I think it is not right to include the Chief Minister in the process of selection. The Governor cannot be made to feel that the Chief Minister was one of the people responsible for his selection; The Governor should be above the Chief Minister, should be independent, able to act in a non-partisan manner, and should not look at the ruling party or the Chief Minister.
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May I add, we have no criteria for governor, no minimum qualification prescribed. These are often retirement allowances or rewards for unwavering loyalty to a particular party. Governors cannot be called before the court. These are things that have to be kept in mind. When you talk about appointment of governors, it cannot be according to the will and choice of the prime minister. The prime minister cannot appoint anyone because he is happy with the performance of someone who can be a minister or political leader of the party and has to be accommodated. These are the considerations that come into the appointment of governors – not the qualifications or the ability to be able to administer the state.
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Do you think that if the Chief Minister belongs to a party in opposition to the ruling party at the Centre, the powers of the Chief Minister are affected as compared to that of the Governor?
M.A: The governor speaks about the government of the chief minister. Therefore, there should be cooperation and coordination between the state government and the governor, even though their political loyalties vary. I have been the governor of four states, where you have to decide the majority government. In many states, it is fixed on the floor of the Raj Bhavan. this is wrong. Majority, minority, trust vote to be decided on the floor of the House. The elected representatives have to take decisions and present the majority before the governor.
To run a normal system in a majority state, it is necessary that the governor ignores the chief minister. The powers of the Chief Minister are not insignificant; He is the elected leader of the state. Making laws, running the state, running administration, ensuring law and order… all these are the responsibility of the state government. The governor is considered a friend, philosopher and guide, who helps from behind, resolves issues and resolves disputes, even between political parties. The Governor has to advise the Center at times as to what is happening and what needs to be done. It brings center and state together.
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MRM: The basic assumption is that the Governor is expected to act on the aid and advice of the Council of Ministers, with few exceptions. Like who to invite to form the government at the time of no-confidence motion, in a situation where you need to invoke article 356 (in case of failure of constitutional machinery in the state) because no chief minister is going to advise that article Is. 356 to be applied. So, it will be subject to the discretion of the Governor. It comes back to how independent the governor is, how the governor acts. How do you ensure that the Governor maintains allegiance to the Constitution and not to the Central Government? In the end, there are no easy answers.
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Margaret Alva is a former minister and belongs to the Congress Party. He also served as the governor of Rajasthan, Goa, Uttarakhand and Gujarat. She was the opposition candidate for the 2022 election for the post of Vice President of India; MR Madhavan is the chairman and co-founder of PRS Legislative Research, an independent public policy research institute