GOVERNOR’S ROLE IN INDIAN FEDERALISM

At the Jaipur Literature Festival, a discussion talked about how the central and state governments should work together. Experts highlighted the importance of Governors to stay neutral in Indian Federalism.

What is Federalism?

1. Federalism is a system of government where power is shared between a central authority and smaller political units like states.
2. Each level of government has its own set of powers and responsibilities.
3. In the context of India, federalism aims to maintain a balance between the need for a strong central government and the autonomy of the states, which balances diversity with the need for National unity.

What is the role of the Governor in Indian federalism?

1. The Governor has to serve as the constitutional head of each state as well as act as a representative of the central government in each state.
2. Some important constitutional provisions about the Governor’s role are:

Article 163	The Governor has to act according to the aid and advice received from the Council of Ministers led by the Chief Minister. But sometimes, the Governor can use the discretionary powers.  Discretionary powers are like special abilities given to someone to make decisions based on their own thoughts, not just following set rules.
Article 164	The Chief Minister has to be appointed by the Governor and the other Ministers have to be appointed by the Governor on the advice of the Chief Minister. These ministers can serve as long as the Governor wants them to.
Article 174	The governor can start or stop sessions of the Legislative Assembly and can also decide to dissolve the Legislative Assembly. "Dissolution of assembly" means ending the term of the Legislative Assembly before its normal expiration date. Usually, the Governor makes decisions based on what the Council of Ministers advises, as long as they have the support of the Assembly.
Article 200	When a bill is passed in the Assembly, the Governor has 4 options: Agree to the bill (assent to it) Decide not to agree to the bill (withhold assent) Reserve the bill for the President's consideration Send the bill back to the legislature and ask them to think about it again.

What are the challenges or criticisms related to the role of the Governor?

1. Neutrality: It is argued that Governors, who are appointed by the central government, show bias by favoring the political party in power at the Centre.
2. Misuse of Discretion:
   1. The Governor can recommend the imposition of President's Rule under Article 356 of the Indian Constitution. But its misuse is visible as it has been used over 120 times since 1950.
   2. In the Shamsher Singh case of 1974, the Supreme Court highlighted that Governors shouldn't misuse their powers by withholding assent or returning bills to the State Legislature. The case also pointed out that Governors often ignored the advice of the State Cabinet. The reason behind this phenomenon is that the Constitution doesn't set a time limit for Governors to give assent to bills.

What are the recommendations in regard to the Governor?

Sarkaria Commission	The President should appoint a non-political person as Governor. Chief Ministers should be consulted before the appointment of Governors. Governors should decide whether to agree or not on bills as per the advice of the Council of Ministers. Discretion should be exercised only in the rarest of rare cases. If the President withholds assent, reasons must be communicated to the State Government.
Punchhi Commission	Governors should decide whether to agree or not on bills within 6 months. Governors should be removed through impeachment by the State Legislature.

Conclusion: The Governor should act as a Friend, philosopher and guide for the State government and balance the Federal structure of Indian polity.

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