"The powers of the Governor, particularly with respect to state bills, have sparked recurring tensions between the Centre and the States." Discuss the constitutional powers of the Governor in this regard. Highlight the key concerns arising out of the Governor's role in the legislative process. What reforms can help address the Governor-State disputes? Refer to the case laws.

• Recurring Tension between State & Centre
  • Pocket veto to bills
    • e.g TN case
  • Overstepping authority
    • e.g WB governor Summon to DIG of state
  • Acting as agent of Centre
  • Criticising state policies
    • e.g Punjab Governor

Constitutional Powers

1. Article 154 → Head of State
2. Article 163 → Whether a power is discretionary is decided by governor himself

③ Article 200 : Can reserve bills for Presidential consideration ④ Article 356 → can recommend imposition of President Rule ⑤ Article 371 → special powers to governor of Maharashtra, Gujarat etc

Key concerns out of office

① Politicisation of the office → Acts as agent of centre in state

② Unnecessary delay in governance → Telangana → bills pending for more than year.

③ Misuse of discretionary power → Maharashtra → confidence motion governor → leading to fall of Government

④ Against federal principle → Restricts state autonomy.

⑤ Non-recognising of authority of state government.

⑥ Overstepping powers → modifying governor's address

Measures To Improve

(A) Sarkaria Commission (i) Governor to non-political person (ii) Fixed tenure of 5 years} (iii) Mandatory consultation with CM of state (iv) Provision for impeachment of Governor

(B) Case Laws (i) Nabam Rebia → Judicial Review of decision possible (ii) State of TN vs Governor : 3 month timeline to act for Governor (iii) SR Bommai case → Report should be speaking document in case of Article 356.

• Soli-S Sorabjee thus calls for "Minimalistic governor".