GOVERNOR V/S FEDERAL STRUCTURE

GOVERNOR V/S FEDERAL STRUCTURE

TOPIC: Polity

Context- Governor R.N. Ravi returning the National Eligibility-cum-Entrance Test (NEET) Bill passed by the Tamil Nadu Assembly and the running battle between West Bengal Governor Jagdeep Dhankhar and Chief Minister Mamata Banerjee underline again the problematic role that governors play in Indian politics.

Concept-

Constitutional Position of Governor: The provisions of Articles 154, 163, and 164 of the Constitution empower the constitutional post of Governor.

• Article 153 of the Indian Constitution mandates the appointment of a Governor in each state. The 7th Amendment to the Constitution however, allows for the appointment of the same person as Governor of two or more states.
• Article 154: The Governor shall have executive power over the state, which he shall exercise either directly or through officers subordinate to him in conformity with this Constitution.
• Article 163: There shall be a council of ministers, led by the Chief Minister, to assist and advise the Governor in the exercise of his powers, except when he is compelled to execute his functions at his discretion.
• Article 164: The council of ministers is collectively responsible to the state’s legislative assembly. This provision is the cornerstone of the state’s parliamentary system of governance.

Constitutional Provisions for Federalism in India:

• The respective legislative powers of states and Centre are traceable to Articles 245 to 254 of the Indian Constitution.
• The Seventh Schedule of the Constitution contains three lists that distribute power between the Centre and states (Article 246).
• The SC in SatPal v State of Punjab and Ors (1969), held that the Constitution of India is more Quasi-federal than federal or unitary.
  • A Federal theorist K.C. Wheare has argued that the nature of Indian Constitution is quasi-federal in nature.