Reforms Needed to Eliminate Misuse of Gubernatorial Powers

The Supreme Court gave a landmark verdict on the Governor's power in the Tamil Nadu case.

- Anand Neelakantan

It ruled that Governor RN Ravi's decision to withhold assent to 10 key bills was 'illegal' and 'arbitrary'. It also declared that the bills were deemed to be cleared from the date it was presented to the governor.

It isn't the first time that governors have worked as political tools of the union government. Many act as if they are viceroys of a distant colonial power reigning over vassal kingdoms instead of being the ceremonial constitutional heads of the state governments. The governor, in theory, is bound by the advice of the council of state ministers and has to serve as the vital link between the union government and state governments.

However, the system of nominating arbitrary people for such a constitutional post is flawed. The president of India, the prime minister of India, and the chief ministers of India are elected, but governors are selected. Nominees are bound to remain loyal to those who nominated them. Since 1950, many governors have acted on their obligation to the union government rather than the constitution or morality. There have been instances of blatant partiality by this nominated authority when state legislative elections threw up hung assemblies. Since adopting the Indian constitution in 1950, the union government has used Article 356, which gives it vast powers to dismiss the state governments, 134 times.