Why in the News?

• The Supreme Court of India recently gave a judgment clarifying the role of Governors in India, especially their discretion and impartiality.
• The debate has been reignited by the advisory given by the Supreme Court Constitutional Bench on the 16th Presidential reference.
• Concerns over the neutrality and powers of Governors have become relevant in the context of opposition-ruled states and the Governor’s discretionary powers.

Background

• The role of Governors has been debated since the Constituent Assembly days.
• B.R. Ambedkar, while framing the Constitution, emphasized that a Governor is a purely constitutional authority, not an agent of the Centre.
• The 1935 Government of India Act influenced some provisions regarding Governors, but the Constitution deliberately limited their discretionary powers to prevent misuse.

Key Issues Discussed

1. Appointment and Alleged Bias

• Governors are nominated by the central government, leading to apprehensions about potential partisanship.
• Members of the Constituent Assembly feared that Governors could act as “replicas of the Viceroy’s nominees” if their impartiality is compromised.
• Ambedkar clarified that the Governor must act on the advice of Ministers and is not a “remote-controlled” agent of the Centre.

2. Role as a Constitutional Authority

• A Governor is required to act on the advice of the Council of Ministers.
• The Governor has limited discretion in specific matters such as:
  • Formation of a new government after elections.
  • Situations explicitly mentioned in the Constitution.
• The Governor does not have overriding powers over the elected government; the Constitution envisages a ceremonial and supervisory role.

3. Contemporary Relevance

• Today, concerns revolve around:
  • Use of Governor’s discretionary powers to reserve Bills for President’s assent.
  • Potential interference in opposition-ruled states.
• N.G. Ranga’s 1935 Act reference: Bills passed by elected legislatures should not be at the mercy of a nominated Governor, which underlines the dangers of discretionary overreach.

4. Misinterpretation of Powers

Aspect	Constitutional Provision	Misinterpretation / Issue
Reservation of Bills	Only required for limited cases affecting Centre or violating constitutional provisions	Sometimes treated as general overriding power
Discretionary Powers	Limited to formation of government, dissolutions, emergencies	Perceived as authority to influence daily administration
Neutrality	Must act on advice of Ministers	Fear of Governor siding with Centre or ruling party

5. Corrective Observations by Ambedkar

• The Governor is not a rival authority; they do not enjoy special powers even during emergencies.
• Courts should interpret the Constitution in light of its original spirit: Governor as a ceremonial, constitutional, and impartial figure.
• Misuse arises when individuals fail to act as envisaged by the Constitution, not due to structural flaws.

Implications for Governance

• Centre-State Relations: Excessive discretionary actions by Governors can strain federal balance.
• Legislative Functioning: Misuse in reserving Bills delays legislative intent.
• Judicial Review: Courts may intervene to ensure Governors respect constitutional limits.
• Democratic Norms: Maintaining the impartiality of Governors reinforces parliamentary supremacy and federal democracy.

Way Forward / Recommendations

• Strengthen conventions around Governor appointments to ensure impartiality.
• Clearly define and communicate limits of discretionary powers.
• Increase judicial oversight for situations where discretion is exercised.
• Promote awareness of original Constitutional intent among elected representatives, officials, and civil society.

Conclusion

• The debate over the role of Governors reflects the delicate balance between Centre and States in India.
• Ambedkar’s vision ensures that Governors act as constitutional custodians, not agents of political power.
• Upholding the impartiality of Governors is essential for:
  • Preserving federalism
  • Strengthening parliamentary democracy
  • Maintaining legislative efficiency and constitutional fidelity

Source: The ‘impartiality’ of a nominated Governor – The Hindu

UPSC CSE PYQ

Year	Question
2018	Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.
2022	Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re‑promulgation of ordinances by the Governor without placing them before the Legislature.
2020	Critically evaluate the discretionary powers of the Governor and their impact on state politics. How can these powers be regulated to ensure federal integrity?
2019	Discuss the powers and functions of Governors under the Indian Constitution and the challenges involved in their appointment.