Context:

• In recent years, Governors of different states are often in the news for conflicts with the State Council of Ministers(CoM). In light of these conflicts, understanding the legal consequences and identifying possible solutions to resolve these conflicts is crucial.

Recent Issues: 

• Governors refusing to give timely assent for the bills sent by the State Legislatures.
• Governors send many bills passed in the State Legislature for Presidential assent, even in bills which do not usually require President’s assent.
• Governors taking up inspections of State Government offices and issuing orders without the advice of the Council of Ministers(COM) in violation of constitutional legitimacy(Article 163).

Case Laws associated with issues in Governor’s office:

• In Rameshwar Prasad vs. Union of India (2006), after finding that the Governor abused power in recommending Presidential rule in Bihar, the Supreme Court said that the motivated and whimsical conduct of the Governor is amenable to judicial review. The Court said that “right persons” should be chosen as Governors for maintaining “the sanctity of the post”.
• In NCT of Delhi vs. Union of India (2018), a Constitution Bench of the Supreme Court emphasised the need to identify the “moral values of the Constitution” based on a notion of “constitutional culture”. It said that “constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices”.  Such Constitutional morality should be adhered to by the Governor.

Solutions to resolve issues: 

• The Sarkaria Commission Report (1988) recommended that the “Governor should be a detached figure and not too intimately connected with the local politics of the State”.
• The Justice M.M. Punchhi Commission report (2010) said that “to be able to discharge the constitutional obligations fairly and impartially, the Governor should not be burdened with positions and powers which are not envisaged by the Constitution.” 
• Amendment to Article 155 of the Constitution regarding the appointment of Governor,
  • To consult the Chief Minister in the appointment of the Governor.
  • To create an independent body for selecting the Governor with a reasonably significant role for the Chief Justice of India.
  • To legally prohibit further rehabilitation of Governors in any official capacity. 

Role of Governor is to provide the necessary link between the Central and State governments. The Governor’s office should be made to function within the Constitution through necessary amendments and safeguards.