A recent event has brought the role of the Governor of Kerala under scrutiny. The Kerala Governor declined a request from the state Cabinet to hold a special sitting of the Assembly to discuss the recently introduced central agricultural laws.
The Constitutional Powers of the Governor
Article 174 of the constitution states that the Governor has the power to convene meetings of the House of the Legislature at times and places that he deems fit. This provision also places the responsibility on the Governor to ensure the House is summoned at least once in every six months. However, under Article 163, when the Governor is making a summons, the action should not be based solely on his will, but should be aided and advised by the Cabinet.
There are exceptions to these rules. A situation where the Chief Minister appears to have lost majority support, and the House proposes a no-confidence motion against the Chief Minister, empowers the Governor to make the call regarding summoning the House independently. It is important to note that the Governor’s actions when exercising discretionary powers can be legally challenged.
Supreme Court’s Ruling on the Governor’s Role
In 2016, during a constitutional crisis in Arunachal Pradesh, the Supreme Court ruled that when the Chief Minister and his council of ministers enjoy majority support, the power to summon, prorogue and dissolve the house(s) entrusted to the Governor under Article 174 must be exercised in accordance with the guidance and advice of the chief minister and his council of ministers.
To clarify, “summoning” refers to the act of calling all members of the Parliament/Assembly to meet. “Prorogation” indicates the termination of a session of the House. “Dissolution”, on the other hand, ends the life of the current House and a new House is constituted after general elections are held.
The Sarkaria Commission’s Stand on the Governor’s Role
The Sarkaria Commission, which was established in 1983, stated that as long as the Council of Ministers has the Assembly’s confidence, their advice must be considered binding on the Governor unless it is patently unconstitutional. It’s only when such advice would lead to a violation of a constitutional provision, or when the Council of Ministers no longer has Assembly’s confidence, would the question arise whether the Governor may exercise his discretion.
Outcomes of the Kerala Case
If the Kerala government insists on conducting the special session, there would be no legal basis to deny a request for summoning the session. This is because the powers of the Governor regarding summoning the House are limited. If the Governor refuses to summon the House, his refusal can also be challenged in court.
Understanding the Role and Responsibilities of the Governor
The role of the governor is outlined in Articles 153 to 162 of the Indian Constitution. The role of the Governor mirrors that of the President of India but at the state level. One person can even be appointed as Governor for multiple states.
The Governor serves as an executive head of a state and operates similarly to the office of President of India. He plays a dual role as a constitutional head of the state, guided by the advice of its Council of Ministers, and as a link between the Union Government and the State Government.
Eligibility and Appointment of the Governor
Articles 157 and 158 of the Constitution of India specify eligibility criteria for the post of Governor. He/she must be an Indian citizen, at least 35 years of age, not a member of Parliament or a state legislature, and does not hold any office of profit. The Governor is appointed by the President and normally holds office for a term of five years, but it can be terminated sooner in certain circumstances.
Discretionary Powers of the Governor
The Governor exercises discretionary powers in key areas such as appointing the Chief Minister, dismissing a Ministry, advising the President on the proclamation of Emergency, reservation of a bill for the consideration of the President, and dissolving the Legislative Assembly.