The conduct of certain State Governors in undermining democratically elected state governments not aligned to the Centre violates the spirit of cooperative federalism enshrined in the Constitution. Their partisan actions damage democratic processes and set dangerous precedents.
- Recent examples like the West Bengal Governor Jagdeep Dhankhar unilaterally proroguing the state assembly and Kerala Governor Arif Mohammed Khan refusing to convene a special assembly session requested by the state government reflect Governors acting beyond constitutional limits.
- Such actions violate the Supreme Court’s established position that Governors must abide by the ‘aid and advice’ of the Council of Ministers per Article 163 and cannot act arbitrarily or impede day-to-day governance by the elected state legislature and executive.
- Governors holding additional charges of other states, like Tamil Nadu Governor RN Ravi also serving as Nagaland Governor, constrains their non-partisan engagement with states where political conflicts with the Centre may exist.
- Discretionary powers conferred on Governors under Article 356 to recommend President’s Rule if state governance has ‘failed’ have also been misused by the Centre earlier to dismiss state governments of rival parties. Sarkaria Commission had cautioned against such abuse.
- Partisan conduct of Governors appointed by the Centre damages the federal spirit, exacerbates Centre-State conflicts, and sets wrong precedents that can be exploited by future governments too. Upholding constitutional propriety must override political expediency.
To prevent misuse of the office of Governor for partisan ends, urgent reforms are needed:
- Full-time Governors must be appointed for states and not additional charges given to align interests.
- Discretionary powers under Article 356 must be invoked only in proven exceptional circumstances after consultations with High Court Chief Justices.
- The Supreme Court must reaffirm that Governors cannot act contrary to ‘aid and advice’ of the Council of Ministers per the constitution.
Safeguarding the democratic functioning of states and the spirit of cooperative federalism is contingent on the position of Governor being restored as an impartial constitutional office. Ensuring the same will require political will and urgent reforms.