Introduction
The relationship between the Chief Minister (CM) and the Governor has been one of the most debated aspects of Indian polity. While the Governor is the constitutional head of the state, the Chief Minister and Council of Ministers hold the real executive power. However, frequent clashes arise when Governors use their discretionary powers, often creating political tension. These conflicts raise questions about the spirit of cooperative federalism and the extent to which the Constitution protects state autonomy.
Constitutional Position of the Governor
The Governor’s office is provided under Articles 153 to 162 of the Indian Constitution.
Appointment: By the President (Article 155).
Tenure: Holds office during the pleasure of the President (Article 156).
Powers: Executive, legislative, judicial, and discretionary powers.
Real Role: Expected to act as a link between the Center and the State, upholding constitutional values.
The Chief Minister (Article 164), on the other hand, is appointed by the Governor but commands the confidence of the elected state legislature.
Where Does Friction Arise?
Discretionary Powers of the Governor
Article 163 gives the Governor discretionary powers in certain situations.
Examples: recommending President’s Rule (Article 356), reserving bills for the President’s consideration (Article 200), deciding on CM appointment when no clear majority exists.
Delay in Bill Assent
Governors have been accused of withholding or delaying assent to state bills, effectively stalling governance.
Control Over Universities
In many states, Governors are Chancellors of state universities. This has led to clashes over Vice-Chancellor appointments.
Political Bias
Governors are often former politicians, raising doubts about neutrality. When they act as “agents of the Center,” it disrupts the federal balance.
Recent Case Studies
Tamil Nadu
Frequent standoffs between the Governor and the CM over delayed assent to bills, especially related to NEET and state universities.
The Supreme Court has noted that Governors cannot indefinitely withhold bills.
Kerala
Clashes between the Governor and CM over university appointments. The Governor accused the government of political interference, while the state accused the Governor of exceeding his role.
Maharashtra (2022)
Governor’s decision to call for a floor test during a political crisis was controversial. Critics argued it aided a change in government.
Punjab
Tension over summoning of assembly sessions, with the Governor questioning the legality of government actions.
West Bengal
Repeated conflicts between the Governor and the CM over law-and-order issues and administrative control.
What Does the Constitution Say?
Governor as a Nominal Head: Article 163 clarifies that the Governor must act on the advice of the Council of Ministers except in discretionary matters.
Discretionary Powers Limited: The Sarkaria Commission (1988) and Punchhi Commission (2010) both emphasized that discretionary powers should be used sparingly.
Judicial View:
Shamsher Singh vs State of Punjab (1974): The Supreme Court held that the Governor is a constitutional head and must act on ministerial advice.
Nabam Rebia case (2016): SC ruled that the Governor cannot interfere in legislative matters like deciding when a session should be called, except under specific circumstances.
Strengths and Weaknesses in Practice
Strengths:
The Governor ensures that state governments function within constitutional boundaries.
Acts as a safeguard during hung assemblies or breakdown of constitutional machinery.
Weaknesses:
Appointment by the Center undermines neutrality.
Discretionary powers are often stretched for political gain.
Lack of fixed tenure security makes Governors vulnerable to central pressure.
Suggested Reforms
Transparent Appointment Process
Sarkaria Commission recommended consulting the Chief Minister before appointing Governors.
Fixed Tenure
Guaranteeing a minimum tenure (e.g., 5 years) would prevent arbitrary removals.
Restricting Discretionary Powers
Clear legal guidelines should define the scope of discretion.
Code of Conduct for Governors
Governors should refrain from partisan politics and focus only on constitutional duties.
Judicial Oversight
Courts should act swiftly when constitutional breakdown is alleged due to Governor’s overreach.
Relevance for Exams
UPSC Prelims: Articles 153–162, Sarkaria Commission, important SC judgments.
Mains: “Discuss the constitutional role of Governors in India. Do you think the post has become an obstacle in federalism?”
Essay: Topics like “Federalism in India: A Tug of War Between Center and States.”
Interview: Questions on recent Governor-CM clashes and possible reforms.
Conclusion
The Governor-CM relationship is a litmus test for India’s federalism. While the Constitution intended Governors to act as neutral constitutional heads, political realities often make them instruments of central control. To preserve the spirit of cooperative federalism, reforms in the Governor’s office are essential. A balance must be struck where Governors safeguard constitutional propriety without undermining the democratic mandate of state governments. Only then can the true vision of the Constitution—a strong Union with strong states—be realized.