How are governors appointed, how can they be removed? Controversy is going on in Kerala, Tamil Nadu and Telangana – न्यूज़लीड India

How are governors appointed, how can they be removed? Controversy is going on in Kerala, Tamil Nadu and Telangana


Controversy is going on in Kerala, Tamil Nadu and Telangana

At present, in at least three states of the country, there is a fierce fight between the governor and the state governments there. These three states are non-BJP ruled Kerala, Tamil Nadu and Telangana. Not many days have passed. As long as Vice President Jagdeep Dhankar used to be the Governor of West Bengal, there were reports of his confrontation with the Mamata Banerjee government. At times this conflict between the TMC government and the Raj Bhavan reached a political low. Similarly, in Maharashtra, as long as the Uddhav Thackeray-led Maha Vikas Aghadi government was there, its figure of thirty-six was seen many times along with the Raj Bhavan. But, at this time in three states of South India, there has been so much dispute between the Raj Bhavan and the state governments that Tamil Nadu has even demanded the President to remove Governor RN Ravi.

What is the reason for the conflict between the governors and the state governments?

What is the reason for the conflict between the governors and the state governments?

The conflict between Kerala’s left-front government and Governor Arif Mohammad Khan over the functioning of universities and the appointment of vice-chancellors has turned so deep that the state government is preparing to bring an ordinance to remove him from the post of chancellor. In Tamil Nadu, the DMK-led MK Stalin government has written a letter to the President for the removal of Governor RN Ravi. The state government has even accused him of ‘fostering communal hatred’. On the other hand, Telangana Governor Tamilisai Soundararajan feels that K Chandrasekhar Rao’s government is tapping the phone of Raj Bhavan. He has also tried to drag the Raj Bhavan into the alleged horse-trading of MLAs.

What is the procedure for the appointment and removal of governors

What is the procedure for the appointment and removal of governors

Article 155-156 of the Constitution provides for the appointment and removal of governors. The Constitution clearly states that the Governor shall be appointed by the President and he shall hold office ‘at the pleasure of the President’. Here the general meaning is till the pleasure of the President. That is, the appointment of governors is for 5 years, but the President can remove them before that too. But, the Constitution itself also provides that the President acts on the advice of the Union Council of Ministers. This means that effectively the central government takes all the decisions regarding the appointment of governors, their removal from office, sending them to other states.

act of governor

act of governor

A governor acts as the representative of the center in the states. According to Article 163 of the Constitution, he ordinarily acts on the advice of the State Council of Ministers. But, in some cases the Governor has the power to take discretionary decisions under the Constitution. That is, in a way, the governor acts as a bridge between the central and state governments, but in most cases he does not have the right to work independently. But, the state government also does not have the power to remove him from the Raj Bhavan and till the ‘will’ of the President, he can perform the responsibility of the governor in the concerned state. However, the central government can call for a report from the governor on the situation in the state. According to the constitutional system, if it is not possible to run the government in a state under the system of the constitution, then he can advise the President to impose President’s rule there under Article 356 on the report of the governor. In such a situation, the command of governance in the state comes directly under the control of the central government, which operates it through the governor.

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When does the Governor take decisions on the basis of discretion?

When does the Governor take decisions on the basis of discretion?

Generally, the Governor takes decisions on the advice of the State Council of Ministers. But, he also has some constitutional rights. He can seal or withhold a Bill passed by the Legislative Assembly (both where there is a Legislative Council) or return it with his objections. If a situation arises when the ruling government in the state is reduced to a minority in the Legislative Assembly, the Governor, exercising his discretion, can ask him to prove his majority in the House within a certain time limit. After the election, even if a party does not get a clear majority, it still has the right to take decisions at its discretion.

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