1) Why in the news — and the core idea
2) What the Constitution expects from a Governor
- Constitutional head of State (Article 153, Article 154): Executive power is in the Governor’s name, but real running of government is by the elected Council of Ministers.
- Aid and advice rule (Article 163, read with Article 164): Except in a few narrow, exceptional areas, the Governor must act on the aid and advice of the Council of Ministers headed by the Chief Minister.
Legislature functions:
- Summon, prorogue, dissolve the Legislative Assembly (Article 174); address and send messages to the House (Article 175).
- Assent to Bills / return once / reserve for the President (Article 200); President’s consideration if reserved (Article 201).
- Ordinances (Article 213): Can promulgate only when the Legislature is not in session, on Cabinet advice, and must lay it before the House quickly.
- Mercy powers (Article 161): Pardon, reprieve, remission for offences against State law.
- Information flow (Article 167): Chief Minister must keep the Governor informed about Council decisions.
- Emergency context (Article 356): President’s Rule may follow a Governor’s report, but it is a last resort and justiciable.
3) Where friction usually arises
- Assent to Bills (Article 200): Prolonged withholding or silence can paralyse policy—for instance, university governance Bills and financial Bills in some States in 2022–24 were publicly reported as pending, affecting recruitments, fees, and regulatory timelines.
- Summoning the Assembly (Article 174): Government proposes dates; delays or refusals disturb the Budget calendar and oversight.
- Floor tests (Bommai principle): When majority is doubtful, the House must decide—Courts ordered time-bound floor tests in Uttarakhand (2016), Madhya Pradesh (2020) and gave directions in Maharashtra (2020/2022).
- Ordinance practice (Article 213): Overuse or using it to bypass the House brings criticism; ordinances must be temporary and urgent, not routine.
- Universities (Chancellor role by State law): Disputes over Vice-Chancellor appointments and statutes have surfaced repeatedly; best practice is search committees, documented criteria, and minimal partisanship.
- Public comments: Sharp speeches or social-media remarks from Raj Bhavan raise the political temperature and shrink space for quiet mediation.
4) What has the Supreme Court laid down?
- Shamsher Singh v. State of Punjab (1974): Governor is a constitutional head; must act on aid and advice, except in very limited spheres.
- S. R. Bommai v. Union of India (1994): Majority must be proven on the floor; Article 356 is exceptional and subject to judicial review.
- Rameshwar Prasad (Bihar) (2006): Arbitrary dissolution of an Assembly is invalid; Governor’s report must be objective.
- Nabam Rebia (Arunachal) (2016): Governor cannot advance/summon the House at will; must normally follow aid and advice under Article 163, except in narrow situations.
- Harish Rawat (Uttarakhand) orders, 2016; Shivraj Singh Chouhan (M.P.) order, 2020: Courts directed time-bound floor tests—let the House, not Raj Bhavan, decide numbers.
- Shiv Sena/Maharashtra (2023): Governor should not order a floor test based only on intra-party disputes; needs objective material suggesting loss of majority.
- B. P. Singhal v. Union of India (2010): Governor holds office at the pleasure of the President, but removal cannot be arbitrary; must have valid reasons.
Core principle across cases: Neutrality, speed, reasons on record, and respect for the House.
5) “Guide and philosopher” in practice — do’s, don’ts, and best practices
Do’s (how to be a steady guide)
- Move files fast (Article 200): Decide on Bills within a clear time window; if reserving for the President (Article 201), record specific constitutional doubts and forward promptly.
- The prolonged delay and eventual reservation of 10 re-enacted bills by the Tamil Nadu Governor, R. N. Ravi, for the President’s consideration during the last several years.
- Let the House speak (Bommai rule): If majority is in doubt, enable a quick floor test; coordinate security and timing, keep it live/transparent.
- Quiet mediation: Call the Chief Minister and Leader of Opposition for off-camera talks when tempers rise.
- Universities by merit and process: Use search committees, publish shortlists, keep minutes; avoid partisan choices.
- Visible in disasters, minimal in politics: During floods/heatwaves, visit relief sites, review coordination; leave policy messaging to the elected government.
Don’ts (red lines)
- No indefinite holding of Bills (Article 200): Either assent, return once with reasons, or reserve—do not stall.
- No back-seat driving (Article 163): Do not direct administration; aid and advice is binding except in narrow areas.
- No Raj Bhavan arithmetic: Majority is proven on the floor, not via letters or pressers.
- No partisan commentary: Avoid speeches or posts that look political.
Best practices to emulate
- Timelines by law or convention for assent/return/reservation; reasoned orders in writing.
- Published SOP for floor tests—who presides, how voting happens, live feed—for credibility.
- Annual Raj Bhavan report on pendency of Bills, reservations, and reasons—sunlight builds trust.
6) Reform agenda and way forward
- As directed by the SC in the State of Tamil Nadu v. Governor of Tamil Nadu (2024), put timelines into a State law/business rules.
- Standard Operating Procedure for floor tests (Bommai Principle): Time-bound scheduling, proper security, live telecast; reduce scope for doubt and litigation.
- Appointment norms: Prefer eminent, non-partisan persons; cooling-off from party posts; respect full tenure unless proven misconduct (B. P. Singhal case, 2010).
- University governance code: Uniform, transparent VC search rules, qualifications, removal processes; clear line between Chancellor’s oversight and day-to-day university administration.
- Centre–State coordination forum: Regular, minuted meetings of Governor and Chief Minister on federal housekeeping (Bills pending, disaster prep, funds); publish action points.
- Civics by example: Raj Bhavan to anchor Constitution literacy in schools/colleges—how a Bill becomes law, what Article 163 means, why floor tests matter.
Payoff: Fewer stand-offs, faster governance, stronger co-operative federalism.
Mains Practice (200–250 words)
“The Governor is meant to be a guide and philosopher to the State, not a parallel executive.” Examine with examples and Supreme Court case law. Suggest reforms to reduce disputes over assent to Bills, summoning the House, and floor tests.
Hints: Start with Articles 153, 154, 163, 174, 200–201, 213, 161 (roles; aid and advice; summon; assent/reservation; ordinances; mercy). Use cases: Shamsher Singh (aid and advice), Bommai (floor test; Art. 356 last resort), Rameshwar Prasad (objective report), Nabam Rebia (limits on discretion to summon), BP Singhal (no arbitrary removal), Maharashtra 2023 (no floor test on intra-party feud alone). Give specific-type examples: university Bills pending; Budget session scheduling; defections leading to a court-ordered floor test. Reforms: legal timelines and reasoned orders under Arts. 200–201, SOP for floor tests, non-partisan appointments with cooling-off, university governance code, annual Raj Bhavan pendency reports, coordination forum. Conclude: neutral conduct + quick, reasoned decisions strengthen federal trust.
One-line wrap
A Governor who decides fast, records reasons, keeps politics aside, and respects the House becomes exactly what the Constitution wanted—a calm guide and philosopher, not a rival power centre.
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