Answer:
The governor has a great role in promoting cooperative federalism as he acts as a vital link between the centre and the state government. In this capacity he has certain discretionary powers as given in Article 163(1) and Article 163(2), according to which the governor will have the final say if any question arises about any matter falling into his discretionary powers. Thus, it seems to provide the governor with wide ranging powers.
Not just wide formulation but indiscreet application of these powers has also raised various concerns such as:
♤ Article 200 and 201: The Governor has the power to withhold the assent to a bill along with reserving the bill for the consideration of the president. States allege that this provision has often been misused by the governor who acts on behest of the union government.
♤ Article 356: To recommend the imposition of constitutional emergency in a state. For political gains, this power has been abused by central governments more than 120 times till date.
♤ Article 164: Appointment of chief minister. In case of a hung assembly, the governor’s discretion to invite a party to form government has often been questioned, the most recent examples being Goa and Manipur elections.
Governor is charged with the duty to preserve, protect and defend the Constitution;
however, governors often perform their functions as ‘agents of the centre’.
To limit the discretion of governor, the Supreme Court in the case of S.R. Bommai v. Union of India, held that such exercise of control of the Union executive over the State executive is opposed to the basic scheme of the Indian Constitution.
Sarkaria Commission Report also stated that, ‘Even the limited area of choice of action should not be arbitrary. It must be a choice debated by reason, activated by good faith and tempered by caution.’
It should be a right of the citizen to seek remedy through a Court of Law if the Governor fails to defend the Constitution. In this context, the Supreme Court through cases such as Shamsher Singh v. State of Punjab, have set aside the absolute immunity that may be claimed by an office of the Governor.