Examine the laws pertaining to the Union government’s administrative oversight and control over the States, including the nomination and removal of governors and the use of Central Armed Police Forces.
Article 154 vests the executive power of the State in the Governor. Article 163 categorically provides that there shall be a Council of Ministers to aid and advise the Governor except when this Constitution requires him to exercise his functions in his discretion. This discretionary power and ambiguRead more
Article 154 vests the executive power of the State in the Governor. Article 163 categorically provides that there shall be a Council of Ministers to aid and advise the Governor except when this Constitution requires him to exercise his functions in his discretion.
This discretionary power and ambiguity in certain provisions is sometimes misused by the Governor leading to certain controversies, which have been seen in recent times also:
- The Telangana government filed a petition in Supreme Court, seeking a direction to the Governor, to grant assent to Bills passed by the State Assembly.
- Recently, the Apex Court also disposed of a petition from the Punjab Government that was aggrieved by an alleged delay in the Governor summoning the Assembly.
- Tamil Nadu Governor’s refusal to abide by the State Cabinet’s recommendation to release the Rajiv Gandhi assassination case convict and forward his pardon plea to the President.
- Recently, the Kerala High Court restrained the Governor of the state in his capacity as Chancellor of universities, from passing final orders on the show cause notices he issued to VCs of eight universities.
Such instances do not augur well for constitutional governance. Therefore, it has been argued that the office of Governor needs reforms as highlighted below:
- Committee for Appointment: Appointing the Governor from a body comprising representatives of both the states and the Centre as well as from the judiciary will ensure fair play and address the perception of bias.
- Security of tenure: It would ensure impartiality and independence of the office; and governors would be able to make their decision in the public interest rather than in the political interest.
- Code of conduct for Governor: It should lay down certain ‘norms and principles’, which should guide the exercise of the governor’s ‘discretion’.
- Strengthening of Federalism: In order to check misuse of the office of Governor, there is a need to strengthen the federal setup in India by strengthening Inter-State Council and the role of Rajya Sabha as the chamber of federalism.
- Removing its role as Chancellor of Universities: As suggested by Punchhi Commission, ending the practice of burdening Governors with the office of Chancellor in Universities should also be considered after establishing alternative means of protecting University autonomy.
- No office of profit: The person appointed as Governor should not be eligible for any other appointment or office of profit under the Union or State Government except for a second term as Governor or election as Vice-President or President of India.
These reforms would ensure that the faith of the citizens in India’s democratic institutions increases and the scope for allegations of foul play is reduced, leading towards better governance.
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The provisions for the administrative control and supervision of the States by the Union government in India's federal framework include the appointment and removal of Governors and the deployment of Central Armed Police Forces. Let's examine these mechanisms in detail: Appointment and Removal of GoRead more
The provisions for the administrative control and supervision of the States by the Union government in India’s federal framework include the appointment and removal of Governors and the deployment of Central Armed Police Forces. Let’s examine these mechanisms in detail:
Appointment and Removal of Governors:
The Constitution of India grants the Union government significant powers in appointing and removing the Governors of the States. Article 155 states that the President of India shall appoint the Governor of a State. This appointment is made on the advice of the Union Council of Ministers, led by the Prime Minister.
Governors play an important role in bridging the Union and the States, as they act as the constitutional heads of the State governments. The Union government can exercise control over the States through the Governors, who are essentially representatives of the Centre at the State level.
Furthermore, Article 156 of the Constitution grants the President the power to remove the Governor from office. This power is, again, exercised on the advice of the Union Council of Ministers. The ability to appoint and remove Governors gives the Union government a significant degree of administrative control over the States.
Deployment of Central Armed Police Forces:
The Union government also exercises control over the States through the deployment of Central Armed Police Forces (CAPFs), such as the Central Reserve Police Force (CRPF), Border Security Force (BSF), and the Central Industrial Security Force (CISF).
These CAPFs are under the direct administrative control of the Union Ministry of Home Affairs. They can be deployed in the States, either upon the request of the State government or suo moto by the Union government, to maintain law and order, assist in disaster response, or provide security for critical infrastructure.
The deployment of CAPFs allows the Union government to intervene in the internal affairs of the States, if deemed necessary, and exercise a degree of control over the administrative machinery of the States. This is seen as an important tool for the Union government to ensure national unity and security.
It is important to note that the exercise of these powers by the Union government has often been a subject of debate, with concerns raised about the potential for misuse and encroachment on the autonomy of the States. The balance between the Union’s need for administrative control and the States’ demands for greater federalism remains an ongoing challenge in India’s federal system.
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