Confrontation between the governor and the state governments.

18 Jan Confrontation between the governor and the state governments.

Confrontation between the governor and the state governments- Today Current Affairs

The relationship between the governor and the CM has always remained delicate. This is due to the clinical colonial inheritance of the office of governor, which was that loot ruler of province and was answerable ultimately to his majesty the king in fact even in the constitutional assembly debates the office of governor was expected to be as powerful as the colonial era. The legal luminaries like BR Ambedkar wanted the governor to have discretionary power to ensure that state governments work in subordination to the union government.

Discretionary power of the governor: The Hindu Analysis

• Thus, the governor was given discretionary power prescribed by or under the constitution unlike the President.
• Article 163 is actually the exact  imitation of section 50 of the Government of India Act 1935(H.V.KAMATH)
• The incorporation of the provision of 1935 Act has introduced a vagueness about the actual power of governor with respect to the elected government in a democratic setup.
• From Shamsher Singh case 1974 to nabam rebia case 2016, the supreme court has emphasised that the governor can in the exercise of executive power of the state act only on the aid and advice of the council of ministers”save in a few well known exceptional situations”.

Recent confrontation between the governor and the state government in Maharashtra in Kerala: The Hindu Analysis

• Maharashtra
• The governor refused to accept the date of election of the speaker recommended by the state government consequently the assembly could not select the speaker.
• It must be stated here that the constitution has not assigned any role of the governor in the election of the speaker under article 178 which is exclusively the job of the house.
• It is the only house rule which says that the governor shall fix the date as such has no significance.
• Under the procedure followed in all assemblies the government fixes the date and calls the secretary of the families who forwarded it to the office of the governor for his signature.
• After the date is formally approved by the governor which is duty bound to do-the members are informed about it.

If the governor does not approve the date can the election be held?

• Fixing the date by the governor is not of any constitutional importance, the election by the house is the important thing.
• In case the governor struck the way of election the house can amend the particular rule which empower the governor to fix the date.
• It can provide that the secretary on receiving the date from the government shall notify the member of the same.
• Kerala
• The State governor, having reappointed the VC of Kannur University in accordance with the law, made an allegation against the Kerala government that he was under pressure from the government to reappoint the VC.
• It must be stated here that the governor had acted perfectly in accordance with the law in appointing the incumbent VC.
• Under the university act an incumbent VC is eligible for reappointment.
• I want the governor as chancellor to not be required to act on the advice of The council of ministers in the matter of appointment of VC.he could have rejected the suggestion from the government.

Conclusion

• The governor is a high constitutional authority. The governor needs to function in accordance with the constitution and be a philosopher and guide to his government.
• The constitution does not allow him to be a parallel government nor does it make him personally responsible for his actions as governor.
• Confrontation taking place in an opposition-ruled state shows that political expediency has overtaken constitutional propriety.
• Pandit Thakur Das Bhargav says”governor will be a  man above party and he will look at the minister and government from a detached standpoint”.

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Anshum Verma

Plutus IAS Current Affairs Team Member