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.