Role of Governor in the Constitution of India and Exercise of Discretionary Power with Specific Reference to Appointment of the Chief Minister
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The Indian Constitution popularly known as the ‘elephantine constitution’, is the largest written constitution on the world. It is currently divided into XXII parts, 395 articles and twelve schedules. The existence of such copious provisions makes the constitution an exhaustive document. All the provisions, from time to time, have proved to be sufficient to cater the need of this ever-changing nation. But at times, the complex nature of the geo polity creates challenges to which a simple answer is not provided in the letters of the constitution. In order to seek an acceptable solution, the constitution then seeks guidance from conventions (which it has adopted from different nations). One such area with limited constitutional provisions is the ‘office of Governor’ and is therefore guided by convention. The office of Governor remained dormant till the fourth general election (1967). But in the year 1952 a remarkable change was witnessed by the political setup of the nation. The federal structure of the world’s largest democracy was put to test, for the first time. Parties with different political ideologies and complexions came into power at the state level during the 1960’s. The period ensuing it marked a new era of political administration in the country. The nation witnessed an unprecedented split in the Indian National Congress which was followed by mid-term election. The nation saw frequent rise and fall of coalition governments. New trends emerged in the centre- state relationship and a unparallelly fierce constitutional controversy erupted over the role played by the Governor in the states. Ruthless criticism was made regarding the decisions made by the Governor relating to appointment of Chief Minister and use of discretionary power. Allegations of foul play, favoritism and being an agent of the centre were also casted regarding the role played by him. This paper thus, attempts to study the constitutional and other provisions (including conventions) governing the office of governor, along with the shift in the role of the governor. This paper also aims at analysing the scope and nature of powers which are vested in the governor and whether the governor has used or abused discretionary power given to him in the appointment of chief minister of the state. Lastly, this study will analyse the recommendations made by various commissions and there implementation thereof.
Keywords
Governor, Chief Minister, Discretionary Power