Note4Students
From UPSC perspective, the following things are important :
Prelims level: Evolution of the Office of Governor
Why in the News?
The recent Supreme Court verdict on the powers of the President and Governors regarding assent to Bills under Articles 201 and 200 highlights the evolution of the office of the Governor and its changing role in India’s federal structure.
Evolution of the Office of Governor:
- Formal Establishment (1858): The office of the Governor was established under the Government of India Act of 1858, which transitioned administration from the East India Company to the British Crown. Governors acted as agents of the Crown and had significant powers in provincial administration.
- Montagu-Chelmsford Reforms (1919): The GoI Act of 1919, under the Montagu-Chelmsford Reforms, aimed to increase Indian participation but kept the Governor central to governance, including vetoing Bills passed by legislative councils.
- GoI Act of 1935: The GoI Act of 1935 gave provincial autonomy but retained the Governor’s discretionary powers, including vetoing Bills and withholding assent, signalling a transition toward more autonomy while maintaining significant Governor authority.
- Post-Independence Transition (1947): As India moved toward independence, the India (Provisional Constitution) Order of 1947 modified the 1935 Act. It removed the phrase “in his discretion,” reducing the Governor’s discretionary powers and signalling a shift to a more symbolic and constitutional role.
- Constituent Assembly Debates: It debated whether Governors should be elected or nominated. Concerns over separatism led to the decision that Governors would be nominated by the President to maintain unity and strengthen ties with the Centre, especially after the partition.
- Post-Independence Framework: Before Independence, various documents and political proposals, including the Commonwealth India Bill (1925) and the Nehru Report (1928), supported retaining the office of the Governor, inspired by the Westminster model of governance.
Constitutional Role of the Governor:
- Article 163: The Governor acts on the advice of the Council of Ministers headed by the Chief Minister, except in certain discretionary situations.
- Ambedkar’s Views: Dr. B.R. Ambedkar advocated for limited use of discretionary powers, ensuring the Governor’s actions align with the advice of the ministers.
- Article 200: The Governor must grant assent to Bills, but may withhold assent, reserve the Bill for the President, or return it for reconsideration. Ambedkar amended this in 1949 to ensure the Governor acts in alignment with the elected government.
- Symbolic and Impartial Role: The Governor is expected to represent the Union, support democratic functioning, and remain non-interfering in day-to-day state affairs.
- Discretionary Powers: The Governor’s discretion is limited to constitutional guidelines and should be used sparingly, ensuring the Governor’s role remains constitutional, not political.
| [UPSC 2017] In the context of Indian history, the-principle of ‘Dyarchy (diarchy)’ refers to:
(a) Division of the central legislature into two houses. (b) Introduction of double government i.e., Central and State governments. (c) Having two sets of rulers; one in London and another in Delhi. (d) Division of the subjects delegated to the provinces into two categories. * |
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