The Role and Challenges of Governors in India

The concept of a governor, as envisioned by Miguel de Cervantes, is one of a figure with a faint presence, tasked primarily with acting as a wise counselor, to be consulted, to warn, and to encourage, while remaining above politics. However, India's experience with governors has often been disappointing, with instances of governors appointed by the current government making elected state governments non-functional.

Issues with Current Governance

• The relationship between governors and opposition chief ministers has been increasingly strained, with conflicts over appointments, editing of addresses, and delays in assent to bills.
• Justice J B Pardiwala and R Mahadevan's judgment on April 8 emphasized that elected representatives should have more power than nominated governors, allowing states to legislate on 66 exclusive subjects as per the Seventh Schedule.
• The Supreme Court, using Article 142, set strict timelines for governors' assent to bills, rejecting the notion of absolute discretion under Article 200.
• The Tamil Nadu governor's decision to withhold assent and refer bills for reconsideration was deemed arbitrary and unconstitutional.

Historical Context and Proposals

• The office of the governor was retained post-colonial rule to preserve national unity, stability, and security.
• Jawaharlal Nehru preferred appointing eminent academicians and impartial figures as governors.
• B N Rau and Sardar Patel proposed elected governors, but ultimately, a nominated governor was favored to avoid conflicts with chief ministers and potential separatist tendencies.
• Ambedkar's stance was that governors should represent the state people, not the Centre's ruling party, with the central government consulting chief ministers on appointments.

Discretion and Its Limits

• Historically, discretion in governance should discern truth from falsity, right from wrong, without being absolute.
• Justice William Douglas highlighted the destructiveness of absolute discretion in curtailing freedom.
• Discretion should be exercised with caution, based on reason and justice, and not on personal whims or improper purposes.
• Governors should act independently, with proper application of mind and without arbitrary or whimsical actions.
• The SC in Raghukul Tilek (1979) emphasized governors as high constitutional officials, not Centre employees, but a lack of security of tenure affects their independence.

To address these issues and ensure governors function as true constitutional heads, security of tenure similar to judges might be necessary. This approach could encourage more independent and impartial conduct, aligning with the intended role of governors in preserving federal democracy.