Alok Singh
Intern, Vidhi Parivartan
The Constitution’s founders placed a high priority on maintaining the states’ current systems of governance. Hence, the Constituent Assembly went into considerable depth about the status, function, and authority of the Governor.
In the case of Shamsher Singh &Anr vs State Of Punjab,according to the Supreme Court, with the exception of a few well-known exceptional circumstances, the President and Governor, who are the guardians of all executive and other powers under various Articles, may only act upon the aid and advice of the Council of Minister when exercising powers.Moreover, Article 154(1) makes it clear that the Governor has the executive power of the state, but that he must execute it in line with the Constitution.
The President’s Rule imposed in 2015 was deemed unlawful by the Supreme Court in the case of Nabam Rebia of Arunachal Pradesh, where the Governor defied the state Cabinet’s recommendation and pre-empted the Legislative Assembly session. The Governor was forced to step down as a result of the procedure.
In 2018, the governor of Karnataka chose to use his or her discretion in accordance with the constitution to ask the BJP to form the government. Yet, despite having an overwhelming majority, he neglected to take into account the opposition parties and offer them the chance to form the government. The BJP chairman then requested only a week, but the governor gave him 15 days to demonstrate his majority. The Supreme Court became concerned about this enough to step in and order a quick floor test. Lastly, to administer the floor test, the Governor once more selected an MLA who had received criticism from the SC for engaging in political behaviour. Following the elections in Karnataka, a number of temporary fixes were recommended, including the governor’s resignation, the appointment of non-political officials, the laying of regulations by the SC, etc. The problem is not with the identity of the person holding the position, but rather with the structure of the Constitution itself, therefore these patchwork fixes are missing the mark. Government must revaluate the Governor’s function within the framework of the Constitution and, if it is determined that the position is no longer necessary, dissolve it.
Recently on 9th January, Tamil Nadu Governor RN Ravi was compelled to leave the Tamil Nadu Assembly after Tamil Nadu Chief Minister MK Stalin moved a motion, declaring that only the traditional address the administration had prepared for the opening day of the House’s winter session shall be recorded. According to reports, the governor changed certain things in his address and left out others.
At the time the government was established, if there is a hung assembly, have you ever wondered who would choose which party to ask to form the government? Answering this issue will be challenging for those who believe that the position of Governor should be eliminated. To ensure that a state’s stable government is built, a governor must put his or her thoughts to work.
To make sure the laws are legitimate under the law the Governor examines whether state legislature-passed laws are legitimate under the law. He has the right to object and request that the government revaluate any legal provisions that he believes should be changed.
The Governor become a bridge and act as a liaison between the union and the states rather than acting as an agent on various topics.In several states, there is a particular duty that they have autonomous territories and less developed areas for several states, including the North States. The governor has a duty to see to it that these regions grow while being directly supervised by the union.