Constitution created the office of Governor for all States and defined responsibilities through Articles 152 to 161. Those articles are defined in such a language and manner that these leave vast scope of misuse of nominal authority granted to the Governor, raise confrontation with elected State Governments on political grounds, be a timid and flaccid one in case of aggressive regional satraps occupying office of Chief Ministers in States. Those Articles stand well only with conscientious political State leadership and men of high ethical values occupying Raj Bhavans. Since quality of politics in the country has been constantly under erosion since 1947 and the steep decline suffered during Indira Gandhi regime, has now entered into the phase of either outright confrontation or compromise owing to various factors. These Articles are now overdue for recast and renewal. Few Articles more important than others, have been specifically selected for re-visits albeit this attempt is neither exhaustive nor comprehensive and entire exercise demands much wider deliberations.
Article 155 Appointment Of Governor To be enacted under signature and seal of the President.
Is that really enough ? Does it state complete scenario ? Not at all. President is bound to rubber-stamp recommendations of Union Government of the day run by a political party and these are offered as a measure of political patronage or some vested interest to a few selected and favoured ones.
Alternately, why can’t Governors be appointed on lines of appointments of CBI Director, CAG, CVC etc. by a committee comprising of leaders of opposition in Parliament, Chief Justice of Supreme Court, Chief Justice of the State High Court concerned and a few independent citizens of eminence ? Why can’t the ambit be widened if not exclusion of professional politicians by allowing eminent non-political awakened and conscientious personalities from various disciplines of excellence to be considered for the office ? Governors so appointed are more likely to be non-controversial and thoroughly professional while dealing with issues of their States in addition to heightened respectability for Raj Bhavans.
Article 156 Term of Office of Governor merely states a Governor shall hold office during pleasure of the President. Is it not a cruel joke on the Constitution ? So high a Constitutional office entirely at the mercy of only President, Union Home Secretary demanding resignation of the Governor in case of change of Government at Centre and Governors being transferred from one State to another like PWD Babus !!! And punishment transfers from larger States to smaller ones in North East !!
Duration of Governorship must be fixed at five years with no liberty of State-hopping and transfers. Then only a Governor shall be able to reveal his/her nerves and stand with interest of the State and subjects.
Article 157 Qualifications Of Governor Are just two criteria of minimum age of 35 years and citizenship of the nation enough to be eligible to become a Governor? Can this Article stop boot-licking sycophants, those demanding Hafta from Vice Chancellors of State Universities and sex-maniacs occupying Raj Bhavans? Redundant to state, political history of the nation is quite rich with such personalities adorning Raj Bhavans on multiple occasions down the history lane.
Minimum qualification of post-graduation, impeccable track record in profession, unblemished character, commitment to Bharatiya Hindu identity and culture of the nation are some of most essential conditions that Raj Bhavan occupants must satisfy. These essentials can be objectively judged only by a broad-based committee whose contours are mentioned above.
Article 161 Power of Governor to grant pardons, suspend, remit or commute sentences in certain cases
Most of decisions under the Article have been political in past in harmony with political doctrine of the party in power. Governor must not be allowed to languish bound to recommendations of the State Government but go by the advice of State High Court and or Advocate General. Issues pertaining to heinous crimes under IPC must not be allowed to degrade into vote-bank politics and State Government must not have any say in such matters.
Article 162 Extent of Executive Power of State An Instrument of Responsibilities And Authority must be introduced under the Article defining scope of powers and action to be pursued.
If a Governor advises some modification in a law passed by State Assembly before endorsing with his signature, the advice must also be binding on the State Government as much as a Governor is bound to resolutions passed by the State Cabinet. Such a mechanism of mutual Check & Balance will certainly go in the interest of governance as both shall be prodded to sit down together face to face, deliberate and resolve such imbroglios. Intrasingence from either side is not likely to survive for long to the detriment of State concerned.
State Universities must be brought under complete control of Governors with no say for local politicians in University affairs and Governors be accountable for excellence of State Universities in the capacity of Chancellors directly to Vice President or President.
Similarly, law and order must not rest in exclusive domain of State Governments. State Police Chief and Chief Secretary must also be answerable and accountable to Governors as and when circumstances demand with over-riding powers vested with Governors. Nation has observed how Bengal Governor was ridiculed, derogated and lambasted by the State Government when he attempted to stop post Assembly election violence and one community targeting another in 2021. In such an irretrievable situation, Governor must be empowered to summon Para-military forces/Army to protect real victims of motivated violence.
Governors must be empowered to to cease indulgence of wasteful expenditure by State Government as annual budgets are stamp-endorsed under their signatures only.
On these lines, all major areas of State Governance must be re-visited with the sincere intention and objective of transforming the office of Governor in tune with changing times.
Governors must be empowered to order inquiry into allegations of corruption against any official or minister to avoid political slugfest. Since entire Government apparatus is mandated to be strictly above board, no protest be acceptable from any quarter whatsoever.
In case of no defined majority for any political party, Governors must be mandated to appoint leader of the pre-election alliance as Chief Minister. If the effort fails, Assembly may be suspended or dissolved for another round of elections and Presidents rule imposed.
If Speaker of Assembly prognosticates decision over an issue of political defections by sitting MLAs or adopts a decision on apparently political considerations, Governors must be empowered to intervene to correct the decision lest warring parties rush to Supreme/High Courts and the matter continues to be outstanding for years.
Prevailing norm of appointing Governor not permanent resident of the State is a healthy practice and it must be institutionalised through an Article dedicated to it.
Article 176 Special Address by the Governor
Governors must enjoy complete liberty to address State Assemblies with their views, must not be bound to read out the discourse written and approved by their respective State Governments. Views may be critical, advisory, cautionary or admiration of the State Government freely expressed in the address by the Office of the State Governor.
Central Government must constitute a high powered committee to cerebrate over all these anomalies, sort them out to impart a dignified status for the august office of State Governor.
Dedication – This article is dedicated to Bajarangbali Shri Hanumanji Maharaja who inspired me to write it and flashed detailed contents in my intellect.
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