“The office of the Governor in India has been criticized as being an ‘agent of the Centre rather than a constitutional sentinel of federalism.’ Critically examine.”

The governor is recognised as the constitutional head of state by Article 153 of the Indian Constitution.  B.R. Ambedkar underlined the importance of impartiality in the position by stressing that the governor is an autonomous constitutional office rather than just an agent of the centre.

Core Theoretical Framework
Articles 153 to 162 of the constitution contain provisions pertaining to the governor; Article 163 delineates the governor’s discretionary powers, while Article 356 provides for the President’s Rule in extraordinary situations.  The Punchhi Commission suggested a set tenure and codified discretionary powers to lessen arbitrary interventions, while the Sarkaria Commission advised governors to remain impartial in order to protect the federal system.

Main Body
Bias concerns have persisted in the way governors have operated.  Concerns about political partiality were raised by the frequent abuse of Article 356—particularly prior to the S.R. Bommai ruling.  The idea that governors frequently serve as tools of the centre was further supported by events resulting from hung assemblies, such as the Karnataka 2018 and Maharashtra 2019 disputes.  The goal of judicial interventions has been to prevent this kind of abuse. The Nabam Rebia decision in 2016 made it clear that governors cannot meddle in state legislatures, while the S.R. Bommai case of 1994 established judicial restrictions on the capricious installation of the President’s Rule.  Despite these worries, governors have also had beneficial responsibilities, fostering collaborative health and education initiatives, managing crises to facilitate coalition government transitions, and acting as a liaison between the federal government and the states.

Critical Analysis
The asymmetry present in India’s federal system, where the Centre occupies a dominant position, is reflected in the Governor’s role.  Cooperative federalism and public confidence in constitutional institutions are both damaged by the abuse of governor authority.  There have been ongoing disputes as a result of the frequent disregard for the neutrality and fixed tenure recommendations made by commissions such as Sarkaria and Punchhi.

Conclusion
Instead of acting as a representative of the Centre, the Governor must act as a constitutional statesman in order to maintain true federalism. A reform program that guarantees the office’s impartiality and puts the Sarkaria and Punchhi Commissions’ recommendations into practice is crucial. In order to preserve democratic values and the equilibrium between the federal government and the states, it is imperative that the governor’s impartial function be strengthened.

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About the Author: Jyoti Verma

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