The role of the Governor in India has been a subject of controversy for many years. Issues such as selection criteria, misuse of power, favouritism, and involvement in the affairs of the elected government have all been in the spotlight. One of the constitutional mechanisms used to determine whether the executive enjoys the confidence of the legislature is the floor test, which is conducted in both the Parliament and the State Legislative Assemblies.
Constitutional Provisions for the Floor Test
The power to summon the members of the House and call for a floor test to determine whether the incumbent government has the majority in the State Legislative Assembly (Vidhan Sabha) is given to the Governor under Article 175(2) of the Indian Constitution.
However, the Governor can only exercise this power under Article 163 of the Constitution, which states that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister. Article 164 of the Indian Constitution mandates that the council of ministers is collectively responsible to the Legislative Assembly of the State. Therefore, if they do not enjoy the Legislature’s support, the Executive has to step down.
Supreme Court Recommendations
Over the years, the Supreme Court has clarified the powers and functions of the Governor in several cases. In the Sr. Bommai judgment, it was stated that the discretion of the Governor does not apply to a hung assembly. The emphasis was laid on the floor test in the house within 48 hours (although it can be extended to 15 days) so that the legislature should decide the matter, and the Governor’s discretion should merely be a triggering point.
In the Rameshwar Prasad judgment, it was opined that a Governor cannot shut out post-poll alliances altogether as one of the ways in which a popular government may be formed. Unsubstantiated claims of horse-trading or corruption in efforts at government formation cannot be cited as reasons to dissolve the Assembly.
In the Shamsher Singh judgment, a seven-judge Constitution Bench of the Supreme Court said that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.
In the Nabam Rebia judgment, the Supreme Court cited the observations of B R Ambedkar: “The Governor under the Constitution has no function which he can discharge by himself; no functions at all. While he has no functions, he has certain duties to perform, and the House will do well to bear in mind this distinction.” The Supreme Court ruled that Article 163 of the Constitution does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers.
Recommendations of Various Committees
Several committees have looked into the role of the Governor, and some of their recommendations include the following:
The Sarkaria Commission Report (1988) suggested that the Governor should be a detached figure without intense political links or should not have taken part in politics in the recent past. Governors must not be removed before the completion of their five-year tenure, except in rare and compelling circumstances.
The Venkatachaliah Commission (2002) recommended that the Governor’s appointment should be entrusted to a committee comprising the prime minister, the home minister, the speaker of the Lok Sabha, and the chief minister of the concerned state. If the governor has to be removed before the completion of the term, the central government should do so only after consultation with the Chief Minister.
The Punchhi Commission (2010) suggested that the phrase “during the pleasure of the President” should be deleted from the Constitution, and the Governor should be removed only by a resolution of the state legislature.
Why In News
The Supreme Court has been hearing a series of cases related to the ongoing political crisis within the Shiv Sena party. One question that has been raised during the hearings is whether a state Governor has the authority to call for a floor test in situations where there is internal dissent within a political party.
MCQs on The Role of Governor in India
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What is the constitutional mechanism used to determine whether the executive enjoys the confidence of the legislature in India?
A. Floor test
B. Veto power
C. Referendum
D. Public opinion poll
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According to the Indian Constitution, under whose aid and advice does the Governor act when conducting a floor test?
A. The President
B. The Council of Ministers headed by the Chief Minister
C. The Chief Justice of India
D. The State Legislative Assembly
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What did the Supreme Court state in the Sr. Bommai judgment regarding the discretion of the Governor?
A. The Governor’s discretion applies to a hung assembly.
B. The Governor’s discretion should merely be a triggering point.
C. The Governor can shut out post-poll alliances altogether.
D. The Governor can dissolve the Assembly based on unsubstantiated claims of horse-trading or corruption.
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What is the purpose of a floor test in the Indian legislative system?
A. To determine whether the governor has the majority in the State Legislative Assembly
B. To determine whether the executive enjoys the confidence of the legislature
C. To determine whether the governor has the power to dissolve the State Legislative Assembly
D. To determine whether the legislative assembly has the power to remove the governor
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