Current Affairs » Office Of Governor

Office Of Governor

Role of the Governor in the Parliamentary System

Why in the News?

Recently, the Kerala Governor warned ministers that they could be removed to lower the dignity of the office.

Key Points:

About

Role of the Governor in the Parliamentary System:

Governor is the head of the state’s executive power.
He acts as the vital link between the Union and the state governments due to his appointment by the President on the advice of the central government.
Except for some discretionary powers he acts on the advice of the council of ministers.

When can Governor exercise its Discretionary Power?

To invite the single-largest party or the single-largest pre/post-poll alliance to stake its claim to form the government after the elections.
Recommendation of the President’s rule under Article 356.

Can Governor dismiss a minister from office at his own discretion?

Article 164: The Ministers Ministers shall be appointed by the Governor on the Chief Minister’s advice.
They hold office at the pleasure of the Governor.
However, the pleasure can be exercised by the Governor only on the advice of the Chief Minister and not at his own discretion.

Points of Conflict between Governor and State Government:

There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice except if the center recalls or dismisses him. Thus, the State government has no say in its tenure.
In the Constitution, there are no guidelines for exercising the Governor’s powers, including appointing a CM.
No limit is set for how long a Governor can withhold assent to a Bill.
Since the Governor is appointed by the President and holds office only until the pleasure of the President, therefore, his position is perceived as an ‘agent of Centre’.

Way Forward:

The Administrative Reforms Commission of 1968 to the Sarkaria Commission have recommended reforms, such as selecting the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker, and the CM.
A code of conduct should be outlined for the Governor’s ‘discretion’ and the powers which he is entitled to use and exercise in his judgment.
There is a need to strengthen the federal setup (such as the inter-state council) in India to check misuse of the office of the Governor.