The Role of the Governor in Ensuring Constitutional Governance: Editorial Analysis

Hindu Editorial Analysis : 2-May-2023

The Governor holds a significant position in the Indian political system, acting as the executive head of a state and performing duties similar to that of the President of India. This essay explores the appointment, powers, and issues related to the role of the Governor, highlighting the need for timely action on bills passed by state legislatures.

Appointment and Powers:

The appointment of the Governor is derived from Part VI of the Indian Constitution. Article 153 states that there shall be a Governor for each state, and one person can be appointed as Governor for multiple states. The Governor serves as a bridge between the union and state governments, acting as a constitutional head of the state and a representative.

Power over Bills:

Article 200 of the Constitution deals with the powers of the Governor concerning bills passed by the State legislature. The Governor has the authority to give assent to bills, reserve them for the President’s consideration, or withhold assent. Veto power is also granted to the Governor, allowing them to exercise absolute veto and suspensive veto, except on money bills.

Issue at hand:

The Governor of Tamil Nadu recently withheld assent to 13 bills passed by the Tamil Nadu Legislative Assembly. The Supreme Court, in a case filed by the State of Telangana, remarked that Governors should not indefinitely delay bills. To address this issue, the Tamil Nadu Legislative Assembly passed a resolution urging the Union Government and the President to advise the Governor to decide on bills within a reasonable time. Chief Ministers of Opposition-ruled states, including Delhi, Kerala, and West Bengal, expressed their support for the resolution.

Relevant Articles:

Article 355 emphasizes the Union’s duty to ensure that every state’s government functions in accordance with the Constitution. If a Governor fails to act in accordance with the Constitution, invoking Article 355 becomes necessary to inform the President about the situation and seek suitable instructions for ensuring constitutional governance. A resolution by the Assembly should be considered legitimate action.

Evolving Constitutional Scheme:

The drafters of the Constitution envisioned Governors to discharge sovereign duties impartially. Article 200 limits the Governor’s options to give assent, withhold assent, or reserve a bill for the President’s consideration. The Constitution explicitly negates any discretionary power of the Governor, emphasizing the need to act on the aid and advice of the Council of Ministers.

Global Practices:

In the United Kingdom, there has been no royal veto since 1708, indicating the absence of such powers. In the United States, the President has a time limit of 10 days to give assent or veto a bill. If the President does not take any action within this period, the bill automatically becomes law. If the President vetoes the bill, both chambers of Congress must override the veto for it to become law.

Options under Article 200:

The Governor has several options when presented with a bill passed by the legislature. They can give assent, send it back to the Assembly for reconsideration, reserve it for the President’s consideration, or withhold assent (which is rarely done due to its unpopularity).

Why In News

The Governor serves as the executive head of a State, assuming responsibilities similar to those of the President of India.

MCQs about The Role of the Governor in Ensuring Constitutional Governance

1. What is the primary role of the Governor in the Indian political system?
   A. Legislative decision-making
   B. Judicial review
   C. Executive head of the state
   D. International diplomacy
   Show Answer
   Correct Answer: C. Executive head of the state
   Explanation: The Governor serves as the executive head of a state, assuming responsibilities similar to those of the President of India.
   
2. Which article of the Indian Constitution deals with the powers of the Governor regarding bills passed by the State legislature?
   A. Article 355
   B. Article 201
   C. Article 200
   D. Article 153
   Show Answer
   Correct Answer: C. Article 200
   Explanation: Article 200 of the Indian Constitution outlines the powers of the Governor concerning bills passed by the State legislature, including options such as giving assent, reserving the bill for the President’s consideration, or withholding assent.
   
3. What is the purpose of the resolution passed by the Tamil Nadu Legislative Assembly?
   A. To seek advice from the Union Government
   B. To encourage other states to pass similar resolutions
   C. To restrict the powers of the Governor
   D. To amend the Indian Constitution
   Show Answer
   Correct Answer: B. To encourage other states to pass similar resolutions
   Explanation: The resolution passed by the Tamil Nadu Legislative Assembly aimed to protect the sovereignty of the legislatures and urged other states to pass similar resolutions in their assemblies.
   
4. What is the Supreme Court’s stance on the discretion of the Governor?
   A. The Governor has unlimited discretionary power
   B. The Governor’s discretion is limited and should not be detrimental to the state’s interest
   C. The Governor’s discretion overrides the advice of the Council of Ministers
   D. The Governor’s discretion can be exercised at any time
   Show Answer
   Correct Answer: B. The Governor’s discretion is limited and should not be detrimental to the state’s interest
   Explanation: The Supreme Court has repeatedly held that the Governor’s discretion is extremely limited and should be exercised in a manner that is not detrimental to the interest of the state. The Governor is required to act on the aid and advice of the Council of Ministers.
   

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