Governors as Guides and Philosophers to the States

Context

According to the Chief Justice of India B.R. Gavai, Governors should serve as “true guides and philosophers” to State governments.

Key Highlights

• The governor’s responsibilities: The CJI stressed that the governor is a member of the legislature and shares responsibility for the efficient action of administrative actions.
• Effect on democracy: The mandate of elected legislatures is eroded and the balance of federalism is disrupted by protracted inaction on Bills.

Constitutional Framework of Governor’s Assent to Bills

• The Governor’s role in the approval process is described in Article 200. The Governor has four options when a bill is brought to them after being approved by the State Legislature:
  • • Give Assent: The Governor has the power to sign the measure into law.
    • Withhold Assent: The bill may be vetoed by the Governor, thereby preventing it from becoming legislation.
    • Return the Bill for Reconsideration: The Governor has the power to make recommendations to the legislature regarding the bill. But the Governor is required to grant Assent if the legislature passes the measure again without changes.
    • Reserve the Bill for Presidential Assent: If the bill violates the Constitution, infringes on the powers of the High Court, or contravenes central laws, The President has the option of reserving it for the Governor’s decision.
• The President has two options when a bill is reserved for his consideration, according to Article 201.
  • • Give Assent: The bill becomes legislation.
    • The President may order a reconsideration or withhold approval by returning the measure to the State Legislature. The President is not obligated to give Assent if the Legislature re-passes the law.

What are the issues?

• The phrase “as soon as possible” is used in both clauses, which has caused delays in many states governed by the opposition.
• Bill Delays Assent: Kerala stated that its Governor had been waiting for seven to twenty-three months for eight legislation.
  • • Tamil Nadu, Telangana, Punjab, and West Bengal all lodged comparable grievances.
• The governor’s impartiality and adherence to constitutional norms have been questioned by instances of protracted delays and the use of the ‘pocket veto’ (withholding assent without returning the bill).

Way Ahead

• Establishing cooperative federalism: Institutional methods, like routine communication between governors and state administrations, might lessen conflict.
• Revisiting the recommendations of the Punchhi and Sarkaria Commissions: Both commissions emphasized the necessity for Governors to conduct themselves impartially and in accordance with constitutional restrictions.

Source: The Hindu

Prelims PYQ

(Q) Consider the following statements: (2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office. 
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office. 

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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