Preserving Federal Harmony: The Role of Governors in

Indian Politics Today

“The key actor in the Centre-State relations is the Governor, a bridge between the Union and the
State.As a constitutional head of the State Government in times of constitutional crisis, he should
bring about sobriety.” 1

India’s federal model genetically belongs to the Commonwealth-parliamentary model.

Commonwealth parliamentary model is characterized by, firstly the fusion of powers between
the legislature and the executive,secondly an independent judiciary with the power of review of
legislative and executive acts, and thirdly plurality or the first-past the post system of electoral
laws for the popularly elected house of the legislatures at national and regional level. 2
India runs as a federal republic with a structure that divides authorities and responsibilities
between the central government and different states, hence the governor's job is strongly tied to
the idea of federalism.The State Governor is not merely a figurehead as he is often thought to be.
Through the past constitutional practice spread over centuries of British rule a certain image of
the Governor has been created in the public mind and the people deem it a right to look up to him
when they are denied a redress by the State government.3
Yet, there are important constitutional provisions which reinforce the position of the Governor
vis-a-vis the State government. He has the right to send messages to the State legislature 4and can
thus sway the opinion in his favor. His position as the agent of the Central government and the
clear knowledge that he can get things done in his own way with the sheer weight of the Central
government at his back would certainly add influence to his messages. 5 This provision, also, runs
counter to the system of parliamentary democracy of the British pattern. 6

1 S.R. Bommai v. Union of India 1994 AIR 1918.

2 MAHENDRA PRASAD SINGH, FEDERALISM IN INDIA16(SAGE PUBLICATION 2021).
3 Daljit Singh,The Position of a State Governor in India, Vol 22 THE INDIAN JOURNAL OF POLITICAL
SCIENCE 232-238(1961) https://www.jstor.org/stable/pdf/41853885.pdf?refreqid=fastly-default
%3A83276ef74b699d09ce1be26a0a13622b&ab_segments=&origin=&initiator=&acceptTC=1( Oct 6, 2023
3:00pm)
4 INDIA CONST. Article 175
5 Supra note 2.
6 Herman Finer, Government of Greater European Powers (London Publisher, 1956), 181.
Apart from this, Governors serve as a liaison between the federal and state governments. They
make sure that the federalist ideals are preserved and that state interests are reflected at the
federal level. They also assist in preserving the federalism-related clauses in the Indian
Constitution and guaranteeing that state governments operate within its bounds.

Understanding Federalism

The framers of the Indian Constitution created a strong center that could, many Indians believed,
direct economic growth, protect minority rights, and defuse the political and economic tensions
that might arise in such a heterogeneous nation.7

The federal government and local governments share power and responsibilities under a federal
political system. The latin word foedus, which means league, is the origin of the word
federalism. In summary, federalism now refers to any type of governance that unites constituent
governments and requires that each of them acknowledge the legitimacy of the overall central
authority.8In many countries around the world, it is a crucial part of the government. In a federal
system, regional and national governments each have varying degrees of control. This division
may be distinct or it may be somewhat ambiguous. The goal is to make sure that various
governmental levels have distinct spheres of influence while yet cooperating for the sake of the
country.
Dicey calls it a political contrivance for a body of States which desire Union but not
unity.9Therefore, federalism is a concept that brings together independent States into a Union
without compromising their own essential political integrity. 10Separate States consequently seek
to come together so that all of the member States may share in formulating the fundamental
policies that apply to all and take part in carrying out choices made in accordance with those
fundamental policies.11 Thus the essence of a federation is the existence of the Union and the

7 GRANVILLE AUSTIN, THE INDIAN CONSTITUTION: CORNERSTONE OF A NATION 189-9 (1966).

8 ROBERT P. INMAN, DANIEL L. RUBINFELD,DEMOCRATIC FEDERALISM THE ECONOMICS,
POLITICS, AND LAW OF FEDERAL GOVERNANCE [7] (Princeton University Press 2020).
9 K. Lakshiminarayanan vs Union Of India on 6 December, 2018.
10 S.R. Bommai v. Union of India AIR 1994 SC 1918.
11 Ibid.

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States and the distribution of powers between them. Federalism, therefore, essentially implies
demarcation of powers in a federal compact.12
One of the key advantages of federalism is the decentralization of power. By spreading out the
power among multiple levels of government, it prevents an undue concentration of power in one
body. This guarantees that choices are wise ones that take into consideration local demands and
preferences.
One of the key advantages of federalism is the decentralization of power. By spreading out the
power among multiple levels of government, it prevents an undue concentration of power in one
body. This guarantees that choices are wise ones that take into consideration local demands and
preferences.Federalism makes it possible for the government to be flexible and adaptable.
Regional administrations are better suited to deal with the particular problems and situations that
arise in their particular areas. Through the trial and error of new policies and programmes, this
flexibility promotes innovation and advancement.The Union and the States' different spheres of
legislative and executive authority are divided in such a way as to allow each to exercise its own
sovereign authority, and the rule of law necessitates the existence of an accountable government.
It's vital to remember that governors in India primarily serve a ceremonial and symbolic
function, and their authority is constrained by the recommendations of the Council of Ministers,
which is presided over by the Chief Minister. However, their existence is necessary to uphold the
nation's federal system and guarantee that the state and federal governments coexist peacefully
within the confines of the Indian Constitution.

Governor’s role in Present Politics in India: Recent Issues

“In a parliamentary democracy, the obligations of constitutional morality are expected to be

equally binding on the government and the opposition. In India, the same political party treats
these obligations very differently when it is in office, and when it is out of it. This has
contributed greatly to the popular perception of our political system as being amoral…”
-André Béteille, Professor Emeritus of Sociology13
Although the role of governor is to represent the center and its policies, there have been several
occasions in India where we see a tussle between the Governor and the State Government.. In

12 Supra note 9.
13 Rameshwar Prasad & Ors vs Union Of India & Anr on 24 January, 2006.

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recent years there have been several instances like that of West Bengal,Punjab, Karnataka, Tamil
Nadu and Maharashtra, where the Governor’s discretion has been questioned. These instances
have raised a question mark on the existence of this post itself. Here we will analyze several
instances where the act of the Governors has been termed as Ultra vires. There has been a
dilemma whether the government elected by the people of India can be questioned by a
nominated post which does not represent the popular mandate.
a. Rift between the Tamil Nadu Governor and the State Government(2023).
On January 9, while delivering his annual address to the House, Governor R. N. Ravi caused
unprecedented scenes in the Tamil Nadu Assembly.14 Considering that he left out some passages
from the document created by the State administration.ADespite the Supreme Court's decision
that the Governor's power to call the House is not entirely his own and should be exercised with
the Council of Ministers' aid and direction rather than on his own. 15 Later, Chief Minister M.K.
Stalin made a resolution to merely record the transcript provided to lawmakers, which caused the
Governor to leave the House.16 After the event, we saw #gobackravi posters on the walls the
following day, which illustrates how high the level of anxiety grew.
In addition, the governor of Tamil Nadu allegedly claimed to have sent back a bill outlawing
online gambling for review.17. This has been causing unnecessary delay to the enforcement of the
Bill. 18
Apart from this,recently the Governor has also added fuel to the fire as he dismissed one of the
eminent ministers19 without any aid and advice from the Council of Ministers as he is alleged by
the Enforcement Directorate for cash-for-jobs-scam.The act was questioned as the Governor has
no absolute power to dismiss any minister. Democratically, the popular mandate elected cannot
be dismissed by a center nominated office. The interpretation of the discretionary power should
not go to the extent that it results into the violation of the basic democratic policy.

14 INDIA CONST. Article 176.

15 Nabam Rebia and Bamang Felix vs Deputy Speaker case (2016).
16 T. RAMAKRISHNAN,What led to the Governor-CM rift in Tamil Nadu? THE
HINDU.https://www.thehindu.com/news/national/tamil-nadu/explained-what-led-to-the-governor-cm-rift-in-tamil-
nadu/article66378960.ece (8Oct 2023, 9:00pm)
17 INDIA CONST. Article 200.
18 M R Madhavan,Governor versus state: Why tensions are rising again THE TIMES OF INDIA.
https://timesofindia.indiatimes.com/blogs/voices/governor-versus-state-why-tensions-are-rising-again/ (8Oct 2023,
9:05pm )
19 INDIA CONST. Article 163.

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 b. Maharashtra Political Crisis(2022): Can Governor call for a Floor test arbitrarily?
(2022-23)
In 2022, the Uddhav Thackeray-led government was ousted, and the Shiv Sena group took
charge. The dissident Sena faction's leader, Eknath Shinde, was chosen to be the state of
Maharashtra's next chief minister.After that, the Thackeray group filed lawsuits challenging the
decision of the then-Governor of Maharashtra to call for a trust vote before quitting. 20In the latest
The constitutional panel determined that the governor of Maharashtra committed an
unconstitutional act in its ruling of Subhash Desai v. Governor of Maharashtra, because he
lacked evidence based on factual data to support his assertion that Mr. Thackeray had lost the
trust of the House, the Governor was not justified in asking Mr. Thackeray to demonstrate his
majority on the House floor.21The Constitution bench has upheld the previous prevailing notion
and the act of the Governor was held to be illegal. The court could not maintain the status quo
and restitute the affected party because the floor test did not happen; rather they have resigned
before the Governor.
c. Punjab Political Crisis: Governor Vs. State Government(2023)
Fortunately there has been a positive example where the governor of the state of Punjab recently
threatened the state government that he would impose a constitutional emergency because they
had been careless in disclosing the actions they had taken in the case of 66 liquor stores that the
National Narcotics Bureau had raided and discovered were selling drugs. These vends have since
22
reopened. In this manner, a De jure head of state questioned the lax attitude of the state
government by using his constitutional weapons. A watchful governor may be extremely
important in maintaining the rule of law and making sure that government officials and agencies
follow the law. This keeps the state in a fair and orderly state.
d. Karnataka Political Crisis:(2018)
The Bharatiya Janata Party (BJP) was invited by Vajubhai Rudabhai Vala, the governor of
Karnataka, to form the state's administration on May 16. The BJP emerged as the single largest
party, but it came short of securing a majority in the Karnataka assembly, sparking popular

20 Maharashtra political crisis: SC says governor can't call for floor test based on internal party conflict,THE
TELEGRAPH ONLINE. https://www.telegraphindia.com/india/maharashtra-political-crisis-supreme-court-says-
governor-cant-call-for-floor-test-based-on-internal-party-conflict/cid/1922755 (9th Oct, 2023 at 11:00pm)
21 2023 SC 607.
22 Sudeep Lavania President's rule can be imposed in Punjab, governor warns Bhagwant Mann INDIA TODAY
https://www.indiatoday.in/india/story/punjab-governor-warns-bhagwant-mann-of-residents-rule-in-the-state-
2426780-2023-08-25 ( 9Oct,2023 at 3:00pm)

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outrage at the governor's decision.23 One of the eminent lawyer of Supreme court has called the
act as a disgrace to the Constitution.According to him,“The governor's order is a gross abuse of
the constitutional power and this has brought disrepute to the constitutional office he has been
holding,”24In earlier decision of the Supreme Court,it has been ruled that the governor cannot
refuse to form a government or override the majority claim if a political party stakes a claim to
form one with the support of other political parties or other MLAs and satisfies the governor
about its majority to form a stable government only because the governor feels that the majority
was obtained illegally or unethically25.

Discretionary power of the governor

The Constitution does not forbid the governor from acting at his own discretion or using
independent judgment. The Governor often follows the Council of Ministers' guidance and
recommendations rather than acting alone or against its advice. There are several circumstances,
nonetheless, in which the governor may use his discretion. The governor may take a variety of
actions at his or her discretion under the constitution.:
1) Article 201 requires him to reserve for the president’s consideration any bill which in his
opinion derogates from the Power of the High Court;
2) To reserve any other bill26
3) To appoint the chief minister of the state27
4) Governor’s report under Article 35628

The flexibility of a governor is crucial to the effectiveness and stability of a government. The
governor now has the authority to fill key positions, keep them stable, and dismiss individuals
from them.

23 Satya Prasoon,Karnataka Election Case Explained, SUPREME COURT OBSERVER.

https://www.scobserver.in/journal/karnataka-election-case-explained/ (10 October, 2023 at 3:00pm).
24 Governor is misusing his powers to oblige BJP: Ram Jethmalani, THE ECONOMIC TIMES.
https://economictimes.indiatimes.com/news/politics-and-nation/karnataka-elections-government-formation-bs-
yeddyurappa-swearing-in-live-updates/governor-is-misusing-his-powers-to-oblige-bjp-ram-jethmalani/videoshow/
64204735.cms?from=mdr (10Oct, 2023 at 3:00pm).
25Rameshwar Prasad & Ors vs Union Of India & Anr on 24 January, 2006.
26 INDIA CONST. Article 200.
27 INDIA CONST. Article 164.
28 INDIA CONST. Article 356.

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If there is any doubt as to whether a matter falls under the governor's purview or not, the
governor's decision in that regard is final, and the legality of anything the governor does in that
capacity cannot be questioned on the grounds that he ought or ought not to have acted in that
capacity..29
The Constituent Assembly justified giving the Governor a wide range of discretionary powers by
stating that "the Provincial Government must work in subordination to the Central Government"
and that "the Governor will reserve certain things in order to give the President opportunity to
see that the rules under which the Provincial Government is supposed to act in accordance with
the Constitution or in subordination to the Central Government are observed.30
The constitution merely specifies a small number of powers that the governor may exercise at his
or her discretion. The constitution doesn't contain any standards for determining what other
duties fit under this umbrella, thus it's up to the governor to make that call. In practice, the
governor is the final arbiter of what other duties fall under this umbrella.
“The governor is effectively a constitutional head, and the council of ministers is in charge of
running the state, according to the Supreme Court”.31
According to the Calcutta High Court, the governor in making the appointment of the chief
minister under Article 164(1) “acts in his sole discretion”, and the “exercise of his discretion” by
the Governor cannot be called in question in Writ proceedings in the High Court”.32
The Supreme Court ruled in Nabam Rebia & Bamang Felix v. Dy. Speaker 33, Arunachal
Pradesh Legislative Assembly that the discretion used by a governor outside of his or her legal
powers would unquestionably be subject to judicial review.

Governor's Responsibility in Harmonious Co-existence

29 INDIA CONST. Article 163(2).

30 Dr Ambedkar, VII CAD, 502
31 A Sanjeevi Vs State of Madras AIR 1970.
32 Mahabir Prasad Sharma Vs Prafulla Chandra Ghose AIR 1969.
33 (2016) 8 SCC 1.

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The duty of a governor in today’s complicated and linked society goes much beyond simple
governance. A governor is in charge of ensuring the smooth operation of the state as well as the
peaceful cohabitation of its residents.
A governor is essential in encouraging communication and collaboration among many state
stakeholders. A governor can close gaps and promote understanding by actively interacting with
various communities, organizations, and interest groups.
“The position of the Governor as the Constitutional head of State as a unit of the Indian Union
as well as the formal channel of communication between the Union and the State Government,
who is appointed under Article 155 of the Constitution “by the President by Warrant under his
hand and seal,”
Thus, it is clear that a governor has two roles. The first is that of a Head of State who is obligated
by the recommendations of his Council of Ministers by constitutional law. The second is to serve
as an essential conduit between the State Government and the Union Government. He may also
serve as a special representative of the Union Government in specific unique or urgent
circumstances. He must do the duties associated with his several jobs in unison while accurately
determining the range and extent of each. He is not a member of the Union Government's
workforce, a representative of the ruling party, or subject to the demands of political parties.
There may be times when he must act impartially.
When a Gandhian economist member of the Constituent Assembly wrote a letter to Gandhi Ji of
his plea for abolition of the Office of the Governor, Gandhi Ji wrote to him for its retention, thus:
“The Governor had been given a very useful and necessary place in the scheme of the team. He
would be an arbiter when there was a constitutional deadlock in the State and he would be able
to play an impartial role. There would be an administrative mechanism through which the
constitutional crises would be resolved in the State.”34
The Governor thus plays an important role. In his dual undivided capacity as a head of the State
he should impartially assist the President. As a constitutional head of the State Government in
times of constitutional crisis he should bring about sobriety. The link is apparent when we find
that Article 356 would be put into operation normally based on the Governor's report. He should
truthfully and with a high degree of constitutional responsibility, in terms of oath, inform the

34 Santosh Paul,An open letter to Jagdeep Dhankar, governor of West Bengal, THE TIMES OF
INDIA,https://timesofindia.indiatimes.com/blogs/courts-commerce-and-the-constitution/an-open-letter-to-jagdeep-
dhankar-governor-of-west-bengal/?source=app from app=yes( 6 OCT,2023 AT 3:00PM)

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President that a situation has arisen in which the constitutional machinery in the State has failed
and the Government of State cannot be carried on in accordance with the provisions of the
Constitution, with necessary detailed factual foundation. The report normally is the foundation to
reach the satisfaction of the President. So it must furnish material with clarity for later fruitful
discussion by Parliament. When challenged in a constitutional court it gives insight into the
satisfaction reached by the President. The Governor, therefore, owes constitutional duty and
responsibility in sending the report with necessary factual details and it does require the approval
of the Council of Ministers; equally not with their aid and advice.
The office of the Governor is a vital link and a channel of impartial and objective
communication of the working of the Constitution by the State Government to the President of
India. He is to ensure protection and sustenance of the constitutional process of the working of
the Constitution in the State playing an impartial role. As head of the Executive he should
truthfully with a high degree of constitutional responsibility inform the President that a situation
has arisen in which the constitutional machinery has failed and the State cannot be carried on in
accordance with the provisions of the Constitution with necessary factual details in a non-
partisan attitude.

Conclusion and Suggestions

Finally, it should be noted that the Governor plays a crucial function in India's federal system.
The Governor, who acts as a liaison between the Union and the States, is essential to ensuring
the peaceful coexistence of numerous state administrations within the federal system. Although
the Governor's role is occasionally mistaken for that of a simple figurehead, the Constitution
actually gives them tremendous authority and responsibility.
India's political system is based on federalism, which calls for state interests to be represented at
the federal level and federalist ideals to be upheld. The collaboration and communication
between state and federal governments is facilitated by governors, who act as a crucial link in
this process.

However, recent instances of conflict between Governors and state governments, as seen in
Tamil Nadu, Maharashtra, and other states, have raised questions about the exercise of their

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constitutional powers. It is essential to strike a balance between the Governor’s role as a
representative of the center and the principles of democratic governance.
The discretionary powers of the Governor, although limited and subject to judicial review, are
vital for maintaining stability, filling key posts, and ensuring the rule of law. While the
Constitution provides some guidelines, the Governor's discretion remains flexible and, at times,
subject to interpretation.
In this complex and interconnected society, the Governor's responsibility extends beyond
governance to promoting cooperation and understanding among various stakeholders within the
state. They must act impartially, serving as a constitutional head of the state and a conduit
between the state and central governments.
In essence, the Governor's role is multifaceted, demanding a delicate balance between their dual
responsibilities. They must uphold the Constitution, protect the federal structure, and provide
impartial and factual reports to the President when constitutional crises arise. The office of the
Governor, as envisioned by the framers of the Constitution, is a vital institution that plays a
crucial role in the representation of the federal fabric of India.
Although there have been several instances after the inception of this office itself where the
governor has tried to misuse the powers and privileges but the misuse cannot become a sole
ground of questioning the constitutional position itself. The Parliament should make some rules
and regulations for proper functioning. Also, there should be a proper mechanism under which
the Governor, without being biased, take decisions which is according to the Constitutional
beliefs.