10 July 2025: The Hindu Editorial
1. Constitutional Silences and the Governor’s Powers
Source – Page 6, The Hindu Editorial
| Topic: GS Paper 2 – Polity & Governance (Federalism, Role of Governor) |
| Context |
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Governor’s Role in Indian Federalism
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Constitutional Position: Article 153 to Article 162 deal with the office of the Governor.
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Governor is a nominal head of the state, appointed by the President, and acts on the aid and advice of the Council of Ministers (Article 163).
Discretionary Powers and Misuse
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Discretionary powers not clearly defined in the Constitution.
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Governor’s discretion in:
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Inviting parties to form government in a hung assembly.
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Recommending President’s Rule under Article 356.
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Reserving bills for the President’s consideration (Article 200 & 201).
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Key Concerns Raised
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Political Interference: Allegations of partisanship and overreach in opposition-ruled states.
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Delay in Assent: Recent examples from Tamil Nadu, where key legislations are delayed.
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Judicial Response:
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Supreme Court in Nabam Rebia v. Deputy Speaker (2016): Governor cannot act contrary to aid and advice except in constitutional crisis.
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Madras High Court raised concerns about inaction on pending bills.
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Need for Reform
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Sarkaria Commission (1988): Recommended Governor should be an eminent person, not connected with politics.
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Punchhi Commission (2010): Suggested clear guidelines for invoking Article 356 and fixing tenures.
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Second ARC: Emphasized transparency in discretionary powers.
Conclusion & Way Forward
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Codify Discretion: Define discretionary powers of Governor through constitutional amendment or parliamentary law.
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Transparent Appointments: Independent panel to appoint Governors.
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Strengthen Federalism: Empower Inter-State Council and limit central overreach.
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Practice Question: The role of the Governor in India has increasingly come under scrutiny due to alleged partisanship and constitutional overreach. Critically examine the constitutional position of the Governor and suggest reforms to ensure federal balance. |
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