A Governor and a Chief Minister at loggerheads
- The Tamil Nadu Assembly witnessed dramatic scenes recently when the Governor skipped portions of the address that was prepared and approved by the State Cabinet.
- Following this, TN CM moved a resolution to expunge all deviations made by the Governor and only take the prepared speech for the records.
Is the Governor bound to follow the directions of the State government?
- Article 154: “The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution”.
- Article 163: The Governor shall exercise his functions with the aid and advice of the Council of Ministers except for functions which require his discretion.
- Art 163 (2): ”If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, decision of Governor in his discretion shall be final”.
- 42nd Constitutional Amendment Act, 1976: Made ministerial advice binding on the President but no such provision has been made for the Governor.
- 2016 Nabam Rebia judgement: Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his council of ministers”.
- Shamsher Singh & Anr versus State Of Punjab (1974): The President and the Governor shall exercise their formal powers in accordance with the advice of their Ministers other than in some exceptional situations.
Way out
- Appointing non-political Governors: Appointment through independent mechanisms after consultations with the concerned Chief Ministers.
- Sarkaria Commission recommendations: It pointed out that the role of the Governor “is to see that a government is formed and not to try to form a government”.