President Droupadi Murmu Appoints New Governors for Nine States: All About the Post and Its Procedures.

               Kerala Governor Arif Mohammed Khan (left) and Chief Minister Pinarayi Vijayan.

President Droupadi Murmu Appoints New Governors for Nine States: All About the Post and Its Procedures.

                    President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. The position of the Governor is envisaged as an apolitical head who must act on the advice of the Council of Ministers of the state. What is the relationship between the Governor and the state government? President Droupadi Murmu appointed Governors for Rajasthan, Telangana, Maharashtra, Punjab, Sikkim, Meghalaya, Assam, Jharkhand, and Chhattisgarh on Saturday (July 28). Assam Governor Lakshman Prasad Acharya has been given the additional charge for Manipur as well.

The President of India appoints state Governors, who function as the Centre’s representatives. Here is what the post entails, according to the Indian Constitution, and why the relationship between Governors and state governments becomes fraught at times.

How is the Governor of a State Appointed?

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. The process of appointing a Governor is outlined in the Indian Constitution. Article 153 of the Constitution states, "There shall be a Governor for each State." Initially, the Constitution mandated a separate Governor for each state, but an amendment in 1956 allowed for the same person to be appointed as Governor for two or more states. Article 155 specifies that the "Governor of a State shall be appointed by the President by warrant under his hand and seal."

Furthermore, under Article 156, the Governor holds office "during the pleasure of the President," with a typical term of five years. If the President withdraws their pleasure before the term ends, the Governor must resign. Given that the President acts on the advice of the Prime Minister and the Union Council of Ministers, the central government effectively controls the appointment and removal of Governors.

Qualifications for Appointment as a State Governor

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. Articles 157 and 158 of the Indian Constitution outline the qualifications for the position of Governor. To be eligible, a candidate must be a citizen of India and at least 35 years old. Additionally, the Governor cannot be a member of Parliament or a state legislature and must not hold any other office of profit. These qualifications ensure that the Governor maintains a certain level of impartiality and independence in their role.

The Relationship Between the Governor and the State Government

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. The role of the Governor is designed to be apolitical, with the Governor expected to act on the advice of the Council of Ministers of the state. Article 163 of the Constitution states, "There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion." This means that while the Governor has certain discretionary powers, they are generally expected to follow the advice of the state government.

The Governor's powers include giving or withholding assent to bills passed by the state legislature, determining the time required for a party to prove its majority in the state Assembly, and deciding which party to call first in the case of a hung verdict in an election. These powers make the Governor's role significant, particularly in times of political uncertainty.

Friction Between Governors and State Governments

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. Despite the apolitical nature of the role, Governors have often been seen as acting on behalf of the central government, leading to tensions with state governments, especially those led by opposition parties. This friction arises because Governors are appointed by the central government and can be perceived as its agents.

The Constitution does not provide specific guidelines on how Governors and state governments should interact publicly when there are disagreements. Traditionally, this relationship has been governed by mutual respect for each other's roles. However, in recent times, there have been several instances of acrimonious exchanges between Governors and state governments. For example, Governors such as R N Ravi in Tamil Nadu and Arif Mohammed Khan in Kerala have been accused of partisan conduct by their respective Chief Ministers.

Why Does Such Friction Occur?

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. Constitutional experts suggest that the friction arises because Governors have increasingly become political appointees. Dr Faizan Mustafa, a constitutional expert, noted that the Constituent Assembly envisaged the Governor to be apolitical. However, in practice, politicians often become Governors and may resign to contest elections, thereby politicising the role. Alok Prasanna of Vidhi Centre for Legal Policy pointed out that while Chief Ministers are answerable to the people, Governors are only answerable to the central government, creating a fundamental defect in the Constitution.

Lack of Impeachment Provision for Governors

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. One of the significant issues is that there is no provision for impeaching a Governor. This means that in the event of a prolonged and bitter tussle between the state and central governments, the central government can use the Raj Bhavan to create indefinite problems for the state. The National Commission to Review the Working of the Constitution, set up by the Atal Bihari Vajpayee government in 2001, noted that Governors are often seen as agents of the Centre because they owe their appointment and continuation in office to the Union Council of Ministers. This perception undermines the apolitical nature of the Governor's role and can lead to tensions with state governments.

President Droupadi Murmu appoints new Governors for nine states: All about the post and its procedures. The role of the Governor is crucial in maintaining the balance of power between the state and central governments. While the Governor is expected to act on the advice of the state government, the perception of the Governor as an agent of the Centre can lead to friction. Addressing these issues requires a re-examination of the appointment process and the role of the Governor to ensure that it remains apolitical and impartial.

The recent appointments by President Droupadi Murmu highlight the ongoing importance of this constitutional role and the need for continued scrutiny and reform to maintain its integrity.