10 April 2025 : Indian Express Editorial Analysis

 1. Raj Bhavan’s boundaries

(Source – Indian Express, Section – The Ideas Page – Page No. – 11)

 The Ideal Vision of a Governor

• Miguel de Cervantes’ ironic remark — “The good governors should have a broken leg and keep at home” sets the tone for the classical idea of a governor: a silent, impartial figure who exerts influence through wise counsel rather than active interference.
• The governor was envisioned as a dignified presence above partisan politics, acting as a constitutional guide who would “be consulted, to warn and to encourage.”
• However, the contemporary reality in India stands in sharp contrast to this idealized role, with governors becoming active political agents rather than neutral advisors.

Political Overreach by Governors

• The article criticizes how the office of the governor, particularly under the current central government, has increasingly become a tool of political interference.
• Unlike their Congress-era counterparts, these governors have gone further in disrupting the functioning of elected state governments.
• This includes meddling in academic appointments, delaying or denying assent to legislative bills, and manipulating procedural norms such as summoning the House or modifying the governor’s customary address.
• These actions undermine the autonomy of state legislatures and damage the federal structure.

Supreme Court’s Intervention and Federal Safeguards

• A turning point in the governor-state government conflict came with the Supreme Court’s landmark judgment on April 8 by Justices Pardiwala and Mahadevan.
• The judgment affirms the principle that elected representatives should have more authority than nominated officials.
• Citing Article 142, the Court mandated strict timelines for governors to act on bills — a move that restores balance in Centre-State relations.
• By curbing the governor’s unaccountable discretion under Article 200, the Court reaffirmed the principle that governors must act in a constitutionally bounded manner.

The Tamil Nadu Case: A Constitutional Breach

• The Tamil Nadu governor’s delay in assenting to bills, followed by referring them to the President, was deemed unconstitutional by the Supreme Court.
• The Court’s unprecedented decision to treat the bills as assented from the date of submission exposed the mala fide intent behind the governor’s actions.
• This case also highlighted a troubling trend where governors only respond to judicial pressure, indicating their reluctance to act independently and constitutionally without central prodding.

Constituent Assembly Debates: Intent Behind the Governor’s Role

• The office of the governor, despite its colonial roots, was retained to ensure national unity and constitutional balance.
• Early constitutional thinkers like Nehru, Patel, and Ambedkar had differing views on the appointment mechanism.
• While some favored election by the state legislature or nomination from a panel, Ambedkar eventually advocated for a nominated figurehead, assuming governors would rise above party politics and act in consultation with the state leadership.
• However, this expectation has often been betrayed in practice.

Ignored Recommendations and Partisan Appointments

• Neither the central governments of the past nor the present have followed the thoughtful recommendations made by leaders and commissions such as the Sarkaria Commission, which emphasized non-partisan, consultative appointments.
• The original spirit that governors represent the people of the state and not the ruling party at the Centre has been systematically ignored.
• This has reduced the office of the governor to a political instrument rather than a constitutional sentinel.

The Danger of Absolute Discretion

• Legal luminaries like Edward Coke and Justice William Douglas warned of the perils of absolute discretion.
• True discretion, they argued, must be governed by reason, justice, and law — not whims or partisan pressures.
• In India, governors often act under the diktats of the Centre, betraying the spirit of their office.
• The misuse of discretionary power for political gain violates core democratic values and undermines the governor’s role as a neutral constitutional functionary.

Lack of Tenure Security and Its Consequences

• A significant factor in governors’ susceptibility to central influence is their lack of security of tenure.
• Unlike judges or other high constitutional authorities, governors can be removed at will, making them vulnerable to political pressure. This precariousness incentivizes partisan behavior.
• Providing governors with a fixed tenure and protection similar to what judges enjoy might empower them to act more independently and uphold constitutional morality over political loyalty.

Conclusion:

• The Indian governor, as originally conceived, was meant to be a guardian of constitutional values, not a political operative.
• Judicial interventions like the recent Supreme Court verdict are crucial in realigning the role of governors with constitutional ideals.
• To strengthen India’s federal democracy, systemic reforms in appointment procedures, tenure security, and functional accountability of governors are essential.
• Without these, the office will remain a tool of central overreach, distorting the spirit of cooperative federalism.

Read more – 09 April 2025 : Indian Express Editorial Analysis