New Governors Appointed for 9 States

President Droupadi Murmu Appoints New Governors for Nine States: Understanding the Role and Procedures

President Droupadi Murmu has appointed new Governors for nine Indian states, including Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh. Additionally, Assam Governor Lakshman Prasad Acharya will take on the additional charge of Manipur. The appointment of state Governors by the President is a significant constitutional process that reflects the federal structure of India, where Governors act as the Centre’s representatives in the states.

How is a State Governor Appointed?

According to Article 153 of the Indian Constitution, “There shall be a Governor for each State.” The 1956 amendment allows for the appointment of the same person as Governor for two or more states. Article 155 outlines that the “Governor of a State shall be appointed by the President by warrant under his hand and seal,” and Article 156 specifies that the Governor holds office at the President’s pleasure, typically serving a term of five years. However, the President, acting on the advice of the Prime Minister and the Union Council of Ministers, can remove a Governor before the end of the term.

Qualifications for Appointment as a Governor

Articles 157 and 158 of the Constitution specify the qualifications and conditions for a Governor’s office. A Governor must be an Indian citizen, at least 35 years old, and must not be a member of Parliament or a state legislature. Additionally, a Governor cannot hold any other office of profit.

The Governor-State Government Relationship

The Governor’s role is designed to be apolitical, requiring them to act on the advice of the state’s Council of Ministers. Article 163 states: “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions.” However, the Governor has certain discretionary powers, such as giving or withholding assent to bills passed by the state legislature, determining the time for a party to prove its majority in the state assembly, and deciding which party to invite to form the government in case of a hung assembly.

This relationship has often led to tensions, especially when the state government is from a different political party than the central government. Governors have been accused of acting as “agents of the Centre,” and there have been instances of public disputes between Governors and Chief Ministers, as seen with Tamil Nadu’s R N Ravi and Kerala’s Arif Mohammed Khan.

Causes of Friction

The friction often arises because Governors, though intended to be apolitical, are seen as political appointees. Constitutional expert Dr. Faizan Mustafa has pointed out that the original intent was for Governors to remain non-partisan, but political realities have led to Governors being former politicians or those with political aspirations. Alok Prasanna of Vidhi Centre for Legal Policy highlights a fundamental issue: “The Chief Minister is answerable to the people, but the Governor is answerable only to the Centre.”

The lack of provision for impeaching a Governor exacerbates this issue, allowing the central government to leverage the Raj Bhavan to create administrative challenges for state governments. The 2001 National Commission to Review the Working of the Constitution noted that Governors could act in favor of the central government when there are disagreements with state governments, earning them the label “agents of the Centre.”

Conclusion

The role of a state Governor in India is complex and crucial, intended to be a balancing act between the state and the central government. While the Constitution provides a framework for this relationship, the political landscape often influences how Governors fulfill their duties. The recent appointments by President Droupadi Murmu underline the ongoing importance of this role and the need for a clear understanding of its constitutional basis and practical implications.

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