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  • 09 November, 2022

  • 6 Min Read

Removal of Governor

Removal of Governor

  • A political party recently called for a proposal to remove the Tamil Nadu Governor.
  • In recent years, the squabbles between states and governors have centered on the choice of a party to form a government, the deadline for proving the majority, sitting on bills, and criticizing the state administration.
  • As a result, Governor is derisively referred to as a Centre agent, a puppet, and a rubber stamp.

How is the Governor to be deposed?

  • A Governor is appointed by the President and serves "during the pleasure of the President," according to Articles 155 and 156 of the Constitution.
  • If the Governor's pleasure is withdrawn before the end of his five-year term, he must resign.
  • In practice, the Governor can be nominated and removed by the central government because the President functions with the assistance and counsel of the Prime Minister and the council of ministers.

What takes place if the Governor and the States disagree?

Provisions of the Constitution:

  • The manner in which the Governor and the state must interact openly when there is a difference of opinion is not specified in the Constitution.
  • Respect for each other's limits has traditionally served as a guidance for managing differences.

Decisions of the Courts:

  • In Surya Narain Choudhary v. Union of India (1981), the Rajasthan High Court ruled that the Governor lacked tenure security and was subject to the President's discretionary power to remove him or her at any time.
  • In the 2010 case of BP Singhal v. Union of India, the Supreme Court expanded on the enjoyment concept. The "at pleasure" notion is supported as having "no limitations or restrictions," but this "does not dispense with the need for a cause for withdrawal of the enjoyment."
  • Additionally, it was suggested that Governors be made aware of the reasons behind their dismissal.
  • The Venkatachaliah Commission (2002) suggested that governors typically be permitted to serve out their full five-year tenure.
  • If it becomes necessary to dismiss them before the end of their term, the central government should only do so after speaking with the Chief Minister.
  • According to the Punchhi Commission (2010), the phrase "during the pleasure of the President" should be eliminated from the Constitution because a governor shouldn't be dismissed at the whim of the federal government.
  • He or she should only be dismissed as a result of a state legislature resolution.

Way Forward

  • Strengthening Federalism: India's federal system needs to be strengthened in order to prevent abuse of the governor's office.
  • The Inter-State council and Rajya Sabha's function as the federalism chamber need to be strengthened in this regard.
  • Change the Governor Appointment Process: The state legislature may create a panel from which the appointment can be made, but the Inter-state Council, not the federal government, should have actual appointment power.
  • Code of Conduct for Governor: This "Code of Conduct" should provide some "norms and standards" that the governor may employ as he sees fit in exercising his "discretion" and his powers.

Read Also: Supreme Court Verdict on EWS Quota

Source: The Hindu

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