The Constitutional Role of the Governor
The role of a Governor, as outlined by the Indian Constitution, is meant to be an apolitical bridge between the Centre and the state governments, with a mandate mainly to safeguard constitutional propriety and advise the elected state executives within the bounds of law[1]. Article 361 of the Constitution grants immunity to the President and Governors from court proceedings for their official acts, reaffirming the principle that these offices serve constitutional, rather than political, ends.
Judicial Scrutiny and Political Neutrality
Recent Supreme Court adjudications have addressed several instances where governors were accused of political bias or exceeding their mandate, usually in the context of government formation, dismissal of Chief Ministers, or summoning and dissolving assemblies[1]. While the judiciary maintains that governors must remain neutral and not be used as political tools, in practice, interventions by governors have often been sources of controversy, leading to tension between state and central governments.
Historical Perspective and Political Interference
India's history is replete with examples where the Governor's office has been used—as a tool of party-political manoeuvring, especially in states where the ruling party at the Centre is different from that in the state[1]. The tendency to invoke gubernatorial powers during political crises or to serve partisan interests continues to challenge the integrity of federalism in India.
Separation of Powers and the Ideal Governor
A Governor is expected to act as the guardian of constitutional propriety, not as an agent of the central government or any political party. The office must stand above political considerations, making decisions on merit and legality rather than partisan expediency[1]. The relationship between the Governor and the Chief Minister should ideally reflect mutual respect for constitutional boundaries and democratic norms[1].
Challenges in the Modern Democracy
Despite established conventions and Supreme Court interventions, the Governor's office remains vulnerable to politicization, especially during times of political instability, government formation, or internal state conflicts. Strengthening checks and balances, enforcing the apolitical character of the office, and improving accountability are critical for upholding constitutional democracy.
Conclusion
The article underscores that the Governor's constitutional position should be immune to political interference and focused on the principles of legality, efficiency, and non-partisanship[1]. Reaffirming respect for federal principles and curbing the tendency to use the Governor for partisan advantage are essential steps towards strengthening India’s democratic structure.
Source the times of India