In a surprise move, Governor of state for Punjab Banwarilal Purohit, who is also Chandigarh Administrator, tendered his resignation to President Droupadi Murmu on Saturday citing personal reasons.
Key Points
- His resignation comes days after the Chandigarh mayoral polls, in which the AAP raised allegations of rigging and moved the Supreme Court.
- Earlier, the Ministry of Home Affairs had posted Rajeev Verma, an AGMUT cadre officer, as the Union Territory Adviser.
- A three-time MP (twice from the Congress, once from the BJP) from Nagpur, Banwarilal Purohiy was earlier the Governor of Tamil Nadu and Assam.
- In Punjab, his tenure was marked by frequent run-ins with the AAP government led by the Chief Minister.
- Shortly after the AAP came to power in Punjab, he shot off a series of letters to Mann seeking clarifications on several issues.
- On the other hand, the Punjab CM accused the Governor of delaying assent to crucial Bills passed by the Assembly, and his government even approached the Supreme Court.
- In November last year, the Supreme Court pulled up the Governor on the matter.
The Governor of State and the Constitutional Framework
- Under Article 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President”.
- If this pleasure is withdrawn before completion of the five-year term, the Governor has to step down.
- As the President works on the aid and advice of the Prime Minister and the council of ministers, in effect, the Governor can be appointed and removed by the central government.
- Thus, a Governor is a representative of the Union government in states.
- Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.
- While the Governor’s duties and responsibilities lie in a particular state, there is no provision for impeaching the Governor.
What Is The Term Of The Governor’s Office?
- The term of governor’s office is normally 5 years
- Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.
- Governor may also get transferred from one state to another by the President. He also can be reappointed.
Eligibility Of A Governor
- Be a citizen of India.
- Be at least 35 years of age.
- Not be a member of the either house of the parliament or house of the state legislature.
- Not hold any office of profit.
Governor-State Relations
- Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution, such as giving or withholding assent to a Bill passed by the state legislature, assenting to the convening of the state legislative assembly, determining the time needed for a party to prove its majority, and which party must be called first do so, generally after a hung verdict in an election.
- All these powers have been flashpoints recently — to cite two instances, when the Maharashtra Governor had Devendra Fadnavis sworn in as the chief minister in 2019 amid a hung verdict, only for his government to fall in 80 hours; and when the Punjab Governor in September refused to allow a special session of the Assembly for a vote of confidence in the AAP government.
What Happens in Case of Disagreements Between the Governor and the State?
- There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion.
- The management of differences has traditionally been guided by respect for each other’s boundaries.
Conclusion
The Governor of state holds a significant but often controversial role in Indian politics. While the Governor is expected to remain apolitical and act on the advice of the state government, their powers and responsibilities can lead to tensions, especially in politically charged situations. Banwarilal Purohit’s resignation serves as a reminder of the delicate balance between the office of the Governor of state and the state government, as well as the central government’s influence over appointments and removals.
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