SYLLABUS
GS-2: Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies; Important Aspects of Governance; Issues and Challenges Pertaining to the Federal Structure.
Context: In a major gubernatorial reshuffling exercise, the President of India has approved the appointment and transfer of Governors and Lieutenant Governors across several States and Union Territories.
More on the News
- The changes affect nine states and UTs, including Telangana, Maharashtra, Bihar, West Bengal, Tamil Nadu, Himachal Pradesh, Nagaland, Delhi and Ladakh.
- Several of these appointments have been made ahead of the upcoming Assembly elections in states such as West Bengal and Tamil Nadu, prompting opposition parties to allege that the reshuffle may reflect political considerations.
About the Office of the Governor
- The governor is the executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head).
- The governor also acts as an agent of the central government. Therefore, the office of the governor has a dual role.
- Appointment of Governor: As per Article 155 of the Constitution of India, the Governor of a State shall be appointed by the President by warrant under his hand and seal.
- Qualifications for appointment as Governor:Article 157 imposes two qualifications for the appointment of a person as a governor –
- He should be a citizen of India, and
- He should have completed the age of 35 years.
- Term of Office & Removal of Governor: A governor holds office for a term of five years from the date on which he enters upon his office. However, this term of five years is subject to the pleasure of the President (Article 156). Further, he can resign at any time by addressing a resignation letter to the President.
- Major Powers and Functions:
- Executive Powers: Appoints the Chief Minister and Council of Ministers; all executive actions are taken in the Governor’s name.
- Legislative Powers: Summons and prorogues the State Legislature; can reserve bills for the President’s consideration.
- Financial Powers: No Money Bill can be introduced without the Governor’s recommendation.
- Judicial Powers: Can grant pardons, reprieves, or commutations for offences against State laws.
Concerns/Challenges with the Office of Governor
- Politicization of the office: Governors have often been accused of working as agents of the central government, thus undermining the federal structure.
- Delay in Assent to Bills: Governors have delayed decisions on state legislation, creating tensions with state governments.
- Frequent Misuse of Discretionary Powers: Governors have been accused of hindering the administrative functioning of the State machinery by interfering in day-to-day functioning.
Judicial Pronouncements
- Shamsher Singh vs. State of Punjab (1974): The Supreme Court clarified that the Governor is obliged to act in accordance with the advice of the Council of Ministers, led by the Chief Minister.
- Raghukul Tilak Case (1979): The Supreme Court held that even though Governors are appointed by the President through the Central government, the office of the Governor is not an employee or servant of the Central government, and thus, he is not subordinate or subservient to the Central government.
- SR Bommai vs. Union of India (1994): This case focused on Article 356 and the Governor’s authority to dismiss a State Government.
- The Supreme Court ruled that the determination of whether the State Government possesses a majority should be assessed on the floor of the Legislative Assembly, rather than relying on the Governor’s subjective judgment.
- B.P. Singhal vs Union of India (2010): The Supreme Court looked into the pleasure doctrine in great depth. While upholding the President’s power to remove the Governor as per his pleasure, the Supreme Court clarified that a change in government at the Union level or variance with policies and ideologies of the Union government cannot be a ground for the removal of the Governor.
- Tamil Nadu vs Governor (Apr 2025): The SC, while ruling that Governors cannot indefinitely withhold assent to bills passed by the state legislature, prescribed specific timelines, including a three-month limit for the Governor and President to act on bills.
- However, later in a Presidential Reference, the SC held that it cannot impose judicial timelines on the President or Governors, as the Constitution does not specify them.
Key Recommendations by Various Commissions
- Sarkaria Commission (1988): Suggested that Governors should be eminent persons with no active political involvement in recent years. Recommended that the Chief Minister be consulted before appointing a Governor.
- Punchhi Commission (2010): Proposed that Governors should not be removed arbitrarily before completion of tenure. Recommended setting a time limit for Governors to act on bills passed by State Legislatures.
- 2nd Administrative Reforms Commission: Emphasised that Governors must function as impartial constitutional authorities, strengthening cooperative federalism.
SOURCES
The Hindu
Indian Express