INTRODUCTION
In the polity of Indian federalism, the Governor holds a significant position and serves as the bridge between the central and state governments. In India, the Governor’s position is largely ceremonial in nature, but it carries significant constitutional weightage that can influence state politics and governance. The role ensures that the administration of each state is carried out in accordance with the provisions of the Constitution of India. The President of India appoints the Governor with the intention to maintain a balanced distribution and separation of powers and protect the constitutional framework.
CONSTITUTIONAL PROVISIONS AND POWERS OF THE GOVERNOR IN INDIA
As per Article 153, each state is required to have a Governor. It stipulates that one person may be named governor of two or more states and allow for administrative efficiency as and when needed. The Governor is granted the executive authority of the state as per Article 154. The Governor may use these powers himself or through officers who report to him. Article 156 outlines the term of office of the Governor who holds office during the pleasure of the President. In accordance with Article 161, the Governor may pardon, reprieve, respite or remit punishment of any person found guilty of breaking a state law.
CASE ANALYSIS
- Government of NCT of Delhi v. Union of India, CA 2357/2017
This case deals with the complex constitutional and administrative issues pertaining to Delhi’s National Capital Territory. Article 239AA of the Constitution, which gives Delhi a special status (sui generic) with an elected Legislative Assembly and Council of Ministers like states but with exclusions address public order, police and land which is crucial to this case in terms of constitutional interpretation.
The Supreme Court affirmed the Delhi govt’s control over administrative services, highlighting the fact that the Lieutenant Governor is obliged to follow the Council of Minister’s guidance and recommendations for most administrative tasks.
- State of Punjab v. Principal Secretary to the Governor of Punjab and Another, 2023 INSC 1017
The Supreme Court reinforced that the Governor is only a symbolic head and must act on the aid and advice of the Council of Ministers, except in constitutionally permitted discretionary powers. The court further held that Governor cannot withhold action on Bills indefinitely or use inaction to veto legislative functioning.
CONCLUSION
The functions of Governors while based on the constitutional principles of separation of powers of probity, demonstrate the need for a fine and delicate balance between federalism and central oversight, while balancing the powers of the elected state government. Governors’ powers which typically bear enormous weight in legislative, executive and discretionary roles, is critical in maintaining the balance of power and ensuring the state’s compliance with constitutional provisions.
