Professor B.C. Rout. "THE GUBERNATORIAL OFFICE IN INDIA-A DEVALUED ONE"
Further, advancing the propaganda on what exactly is the role of a governor in our Indian constitution, Mr.C.Rout starts his percipient article by providing insight on a controversial incident that took place on the 21st of November 1967.
The incident that lit the match on people's minds questioning the definite role of a governor in our constitution took place on November 21, 1967, after Mr. Dharma Vera dismissed the union front ministry headed by Mr. Ajoy Mukherjee, constituting the state assembly under the rightful impression that the political alliance had lost the confidence of the majority of the assembly members, thereby appointing P.C. Ghosh as the chief minister of West Bengal. The renowned professor now throws light on the opinions and critiques of numerous prominent scholars and political activists, including our constitution's framer, Dr. B.R. Ambedkar, on the little-known role of the governor in our constitution. It is to be observed that Mr. B.C. Rout is not biassed about the critical role of a governor under the Indian constitution, nor is he saying that the position is more or less futile.
These erudite scholars offer two distinct sets of viewpoints. i.e., one who supports the role and necessity of a governor in administration and, of course, one who entirely opposes the need for a governor as the state's administrative head. Mr. H. V. Kamath views the position of governor as a consolation award for legislators vanquished at the polls and says that it is both needless and costly. Mrs. Sarojini Naidu, a political activist and renowned poet, defined her function as governor of Uttar Pradesh in 1947 as a very limited designation and utilised the simile "A bird in a gilded cage" to further depict the ineffective role of a governor. Amusingly, Mrs.Vijaya Lakshmi Pandit, the governor of the state of Maharashtra from 1962 to 1964, resigned from her office and went on to be a member of the Lok Sabha from 1964 to 1968, and when asked why, she said jokingly that it was because the wife of the governor has more functions than the governor himself in the state.
In contrast to the preceding ideas, Mr. B.C. Rout sheds light on his and many others' passionate views on why a governor's role is required in India.
The lecturer asserts that the governor's office is not redundant, meaning that the governor's position is critical for the smooth and successful operation of the constitution, as well as that it is the governor's responsibility to maintain and preserve the constitution. According to article 154 of the Indian Constitution, the governor has several executive duties, including the authority to designate chief ministers, members of the council of ministers, and the attorney general.
It should be noted that the governor does not always have to follow the advice of the council of ministers and has the authority to dismiss the council of ministers if they do not have a two-thirds vote. According to Mr. K M Munshi, a constituent assembly drafting member, the governor is the guardian of our constitution and the primary link between the centre and the states. He asserts that if an emergency is proclaimed, the governor has a critical role to play, adding that the governor has the authority to override the opinion of the council of ministers on special permission granted by the president. Many political activists have inferred from this article that the role of a governor is crucially needed in our constitution, primarily because he is the main link between the states and the centre, ensuring the smooth flow of information; without the post of a governor, there is a high possibility of strain between the centre and the states; and his important role during an emergency, as he has a free hand to deliver to the president and, moreover, he can provide an impartial view on the situation.
Finally, the knowledgeable professor believes that if the appropriate person is chosen as governor, the governor can play an essential role in protecting and further safeguarding the constitution.
This article is written by John George of Symbiosis Law School, Nagpur.
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