The governor acts as an agent of the Centre in the state. Article 166 (3), which state that the Governor can make rules of business except in cases where he can act in his discretion. The dominance of centre over NDC, planing commission UPSC and Finance Commission and Election Commission; Therefore India is a federal system with strong unitary feature^ on the basis of its working during the last 60 years. This would be inconsistent with the Idea of a strong centre in the country. UPSC CDS 2022 . The governor acts as an agent of the Centre in the state. E.g. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. There were presidencies ruled by Governors (and councils) who were appointed by crown and; There were provinces ruled by Lt. Governors (and councils) appointed by GG, the provinces and presidencies were mere agent of centre. The recent hostility between West Bengal Chief Minister Mamata Banerjee and the Governor Jagdeep Dhankhar has revived the debate about the role of Governors in relation with the elected government and legislature They alleged the Governor was "identifying himself as a BJP man" and "The way the Centre is intervening in affairs of the State and the State government . A Governor is appointed by the President and is a nominee of the Central Government. Reasons should be communicated to the state when state bills are vetoed by the President. In India, only the President, but not the Governors of the States, has the power to pardon, commute or suspend the sentence of any person convicted of any offence. Analyze. The Governors under the Government of India Act 1935 were "by the Raj, of the Raj and for the Raj". Head of a state and head of government under certain circumstances, 5. Article 166 (3), which state that the Governor can make rules of business except in cases where he can act in his discretion. The discretionary powers are: 1. In the colonial era, the Governor was the absolute ruler of the province who was accountable only to the King. all of them more or less agreed on one point, that the image of the governor as merely an agent of the centre sitting in state capitals and desperately seeking an opportunity to run down the state government when it is in the hands of a party opposed to the party ruling at the centre or trying to bring about a government of the same party as at … Question is : What do you understand by the dual role of the Governor ? The use of Governor as an agent of the Centre happened several times over. Institution of Governors: The constitution provides for the office of a governor of state who shall be the agent of the centre. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. Centre should have powers to deploy its armed forces, even without the consent of states. (in the state) like that of Vice-President at the Centre. He is the constitutional head of the state, bound by the advice of his Council of Ministers (CoM). In Hargovind4 versus Raghukul it has been held that the office of Governor of a state is not an employment under the government of India; It is an independent office and is not under the control or subordinate to the Government of India. : Maharashtra governor appointing Chief Minister in early hours of morning. Hence, the governor role is paramount. Governor's role as the agent of the centre. The decision of the Governor would be final and it cannot be questioned and inquired into in any court. Governor, as President, heads the state government. A Governor's salary is charged on the Consolidated Fund of India in case of I. 1. The Union Public Service Commission (UPSC) can serve the needs of a state on the request of the state governor and with the approval of the President. ; It has sought the views of State governments before January 25, 2022. Using a pliant Governor to undermine a State government or engineer a legislative majority is an old and secular trick used by all parties at the Centre. Need for Politically Neutral Governor - Sarkaria Commission's Recommendation 2. The governor is the chief executive head of the state. A person can be appointed as Governor of more than one State. Published: September 11, 2019. Several states like West Bengal and Kerala have opposed the move. religious conversion ordinance Justice (retd. The Governor is the chief executive head of the State but he enjoys only nominal or titular power like the President of India. Consider the given statements and choose the correct response on them. In S.R. In addition to the Constitutional head of the state, the governor acts as an agent of the Centre in the state. K.C. But, like the president, he is a nominal executive head (titular or constitutional head). The apprehension of the clash between powers of Governor and Chief minister led to the system of appointed Governor . Executive Powers of Governor in India. The Governors under the Government of India Act 1935 were "by the Raj, of the Raj and for the Raj". Article 200 . Governor's discretionary powers to invite the leader of the largest party/alliance, post-election, to form the government has often been misused to favour a particular political party. . Governor stands as executive head of a State and the working remains the same as of the office of President of India. Agent of the Centre & 2. (in the state) like that of Vice-President at the Centre. UPSC CDS 2022 . Kerala Governor . Governor. As an agent of political party in power at centre: Governors are not shy of revealing their partisan preference. Context: The U.P. The Governor, on the other hand also acts as the agent of Central Government which means that his office has a dual role. Article 153 to Article 167 of Part VI (State) deal with the State Executive of which Governor is the titular head and the Chief Minister who heads the Council of Ministers is the real head. He holds office during the pleasure of the President. Examine how the constitutional discretion provided to the Governor for performing this role has led to the conflicts between the states and the centres. While appointing the Governor, the Presidents consult the State Chief Minister, but the advice is not always binding upon him. Governor has been seen as an agent of centre in the state government because governor is generally appointed without consent of Chief Minister and centre government can remove governor anytime for trivial reasons as there are no sufficient safeguards provided in Reviewing the Process of Appointment of Governors. A Governor acts as an agent of the central government. The governor is not liable for his actions nor is he binding to the advice of state council of ministers. He functions as a vital link between the Union Government and the State Government. Politicization of the post of Governor is unhealthy for Centre-State relations. Editorials/Opinions Analysis For UPSC 03 February 2022. The Governor is not the agent or the employee of the Union Government. 2. Context: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation in December. Article 213 (1) of the Constitution of India provides: "If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which . What are the schemes and projects for the development of Scheduled Tribes in India? Suppose you're a governor in any state and after general election, a new political party comes at centre and the new home minister conveys via his Secretary over the phone to resign, will you do it or not? He/She is the titular head of the state and the agent of the centre as the Union government nominates of Governor in each state. All the Union Territories are thus administered by an Administrator as the agent of the President and not by a Governor acting as the head of a State. In 1984, amidst of many controversies the Chief Minister of Andhra Pradesh who created history in the annals of parliamentary democracy by launching a new party, Telugu Dasam Party, backed by a vast majority had been dismissed by Governor. Why is the topic Governor important for UPSC Exam? Sarkaria Commission (1988) 3. Subject - Polity. Resignation of Governor. Due to such incidents, negative terms like an agent of the Centre, Puppet and rubber stamps are used to describe a governor of the state. It is stated that the Governor has a dual role. Article 163 upsc He/she is the Chief Executive Head of a State.. Like the President of India, he is a nominal (titular or constitutional) head and also acts as an agent of the central government.Therefore, the office of the governor has a dual role. He submits periodical reports to the Centre about the . Many others have merely acted as agents of the ruling party at the Centre. UPSC GS MAINS PAPER - 2 HINTS. As an agent of the President, the Governor has significant executive powers during the President's administration in the State. Therefore, the office of governor has a dual role. Bommai vs Union of India case (1994), the Supreme Court said, "The office of the Governor is intended to ensure protection and sustenance of the constitutional process of the working of the Constitution by the elected executive.". 4. Five Judge Bench of Supreme on removal of governors mentioned about the dual role of governor: 1. The Governor possesses executive, legislative and judicial powers Discretionary Powers of the Governor Critical Assessment of the Governor's Discretionary Powers The Dual Role of the State Governor Constitutional Head of State Governor as the Agent of the Centre Position and Role of the Governor Before 1967 Appointment, Tenure and Qualification: Kher, K.N. The Governor acts in a dual capacity: (i) As the agent of the Centre in the State, and (ii) As Head of State administration. Legislative Powers The Governor is part of the State Legislature and no bill cannot become a law until he/she signs it. (ii) The governor of a state is appointed by the president. 239A (amended by the 37th Amendment, 1974) was introduced In the Constitution, to empower Parliament to create a Legislature or Council of . The position and powers of the Governor has been controversial in India since the beginning. The UPSC assists the states (when requested by two or more states) . Due to such incidents, negative terms like an agent of the Centre, Puppet and rubber stamps are used to describe a governor of the state. SC also held that there may be instances of conflict between centre and states where the governor has to act neutrally. However, this term of five years is subject to the pleasure of the . Governor being the agent of the centre, to avoid policy deadlock, should resign whenever there is a change in administration at centre. 3. Baalu demands resignation of T.N. It is observed on 8 May every year to raise awareness about how … Related Pages. Netmock is India's leading website for UPSC/IAS UPPCS preparation. As a result of these incidents, negative terms such as "agent of the Centre," "puppet," and "rubber stamps" are used to criticize the state governors. The image of the state governors are regarded as "an agent of the centre" by the State Governments and critics. 1) He is the constitutional head of the state, bound by the advice of his council of ministers. Provision for a legislature In 1962, however, Art. There is an editorial published in the newspaper in which some suggestion were given that Governor should not exceed the constitutional duties to serve as agents of the Centre. . He/she ensures that there is no breakdown of the constitutional machinery in the States and if in any case, it occurs, he is supposed to report it to the central government. 3. . Explained: Governor's powers, friction with states, and why this happens often In recent years, the bitterness between states and Governors have been largely about the selection of the party to form a government, deadline for proving majority, sitting on Bills, and passing negative remarks on the state administration. Who is a Governor? But this has been nullified by the political Governor is a titular head or constitutional head and at the same time, he is the agent of the centre as the union government nominates Governor in each state. 2. Background: The office of the governor has been borrowed from the Government of India Act 1935. Singhal v. Union of India on the interpretation . Since Governor is the agent of the Centre, he enjoys those power. parties with an uncertain command over the Legislature, the Governor has acted as a mere agent of the Centre in various matters, such as inviting a person to form a Ministry Because he belonged to the ruling party at the Centre, even though he had no clear following (as in the case of Sri Rajagopalachari in Without his/her assent a bill cannot become a law. The role of the governor as an agent of the Centre is something that the British had carefully designed and was then adopted subsequently by the Congress in the Constituent Assembly. Under the Constitution of India, the governing machinery is the same as that of the Central Government. Strategic importance—Andaman and Nicobar Islands and Lakshadweep. Article 153-167 in the Indian Constitution deal with the provisions related to the state governments of the country. The Congress, chose to appoint party loyalists as governors, in contravention of all constitutional norms, the Governor became an 'agent' of the Central government. January 23, 2021 by Uma Sathwika Manda. It is a national digital repository on health and nutrition. The Governor has to perform the duties as head of the state and as an agent of the central government and to use this discretionary power, within the particular context of our quasi-federal Constitution. Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura and . He/she can withhold a bill and send it to the President for consideration. The Left parties and the Congress have joined the Trinamool Congress in demanding the withdrawal of West Bengal Governor Jagdeep Dhankhar. Katju and P. Subbarayan. of party in power at Centre, governor office become a bone of contention. The decision of the Governor would be final and it cannot be questioned and inquired into in any court. UPSC PAPER II MATTER LUKMAAN IAS 3 PUBLIC ADMN. Under the Constitution of India, the governing machinery is the same as that of the Central Government. The Governor is an agent of the Centre in the States. In a speech, PM Modi asked Governors to act as catalyst agents of national development. Article 356 should be used sparingly. The role of Governors has come under a lot of scrutiny and criticism due to following reasons - Selecting the chief minister: Misuse of situational discretion by governor in calling state representatives of political party ruling in Centre to form government. The constitutional head of the State Government, Governors, acts as a link between the Centre and States. . ; The proposed amendments seek to change the rules for central deputation of IAS officers from different states. The Governor of the State is the Constitutional Head of the State. Concept -. Governor's Role, Controversies and Reforms. The governor is the chief executive head of the state. Agent of the Centre & 2. Governor stands as executive head of a State and the working remains the same as of the office of President of India.

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