Removal Of Governors

Thoudam Imomacha Singh *

The then Governor of Manipur - VK Duggal on the eve of 15 August - Independence Day 2014 at Raj Bhavan Imphal :: Pix - Deepak Oinam

In accordance with the provisions enshrined in the Constitution of India, the office of the state Governor commands eminent respect. A state's executive power is vested in the Governor and state's every executive action is to be taken in the name of the Governor.

As a normal practice, there shall be a Governor for each state of the Union of India, but the Constitution [7th Amendment Act. 1956] makes it possible to appoint the same person as the Governor of many states [Article 153] and under this provision a person functioning as a state Governor can look after many states as their Governor. As an instance, there was a time when the Governor of Assam was appointed as Governor for the states of Meghalaya, Nagaland and Tripura.

It may be noted there are views that the office of the state Governor is nothing less than preservation of a legacy of the "Raj". However, the author would like to suggest that the institution of state Governor is at least a time-tested one in India. The state Governor is, indeed, a philosopher, a guide and a mentor to the Chief Minister of a state. It may not be out of place to mention here that India's political history had produced responsible Governors who had always functioned honourably and sagaciously.

In this respect, the likes of C. Rajagopalachari, Sorojini Naidu, Dr. K. N Katju and Padmaya Naidu could well be remembered. They had always inspired the office of the state Governor and brought graces to the same. The Constitution of India lays down a uniform structure for the state government in Part-VI of the Constitution which is applicable to all states except only Jammu and Kashmir which has separate Constitution of its own.

It is now clear that the Governor of a state is not elected but he/she is appointed by the President of India and holds office at the pleasure of the President. The criterion of the appointment of a state Governor is that a citizen of India who has crossed 35 years of age is eligible for Governorship of a state, but he/she must not hold any office of profit nor be a member of the Legislature of the Union or any other state [Article 158].

There is no restriction on the selection of a Governor from amongst members of a Legislature, but if a member of a Legislature is appointed Governor, he or she ceases to b a member immediately upon such an appointment. The tenure of a Governor's office is 5 years, but it may also be terminated earlier by: I) Dismissal by the President at whose pleasure he/she holds the office [Article 156], and II) Resignation [Article 156(2)].

The reasons upon which a Governor may be removed by the President are not specified in the Constitution, but it may be obvious that this power will be sparingly used to meet with cases of gross delinquency such as bribery, corruption, treason and the like or violation of the Constitution. There is no restriction on a person being appointed Governor more than once. The original plan in the Draft Constitution was to have elected Governors. But in the Constituent Assembly, it was replaced by the method of appointment by the President due to a number of reasons.

Now, the most important thing regarding the recent spree of removal of state Governors appointed by UPA-II is that the present dispensation at the Centre is not aware about the ramifications of its own action. The primary responsibility of a Government is to steer the nation's affairs with apparent wisdom so as to achieve all round development of the nation, economic proficiency of the people and also earn a unique place of reverence among the world economic powers of the 21st century.

The displacement of state Governors appointed by the previous regime should not be made an issue of public mockery. It is not at all in the interest of the present Government of India that has come with a thumping majority to rule the country to invite disharmony from any corners of the land due to non-issues like replacement of Governors. Also for the sake of the prestige of the present NDA regime, the state Raj Bhavans should not be made shelters to politicians who are electorally impotent.

The NDA ruling formation, despite its being pragmatic in its programme of governance so far, has ridiculed the status of state Governors with the impertinent act of disturbing their position at will. The ruling NDA with massive strength of allies can enact laws to do away with the institution of Governor, if it is wished. The state Chief Ministers who hold elected office can be made head of the state and also the head of the government.

Such an arrangement would certainly unload the burden of the National Exchequer to a considerable extent. The author welcomes such an appropriate action, if it is indeed contemplated. The treatment meted out to the state Governors appointed by the previous regime simply shows that state Governors are no longer constitutional dignitaries but care-takers of the state Raj Bhavans.

Such high offices in India, the President, the Vice-President, the Chief Justice of India (CJI), the Speaker of the Lok Sabha and the state Governors are institutions of highest order. Therefore, it would be the wisdom of our parliamentarians to sustain the original grace and venerable status of the state Governors and such action of theirs would be a compatible tribute to the framers of our Constitution.