Governor - State Executive

Importance-Objective-Role	Lynchpin of Federalism 5th and 6th schedule area Protector and preserver of Constitution (Ar. 356 , bill reservation) Executive head of the state (advice + discretion)
Functions	Article 356 Article 200 and 201: reservation of bill Article 163: Council of ministers to aid and advice governor Article 172: State assembly should continue functioning for 5 years, unless Article 174: Sessions of State, dissolution CM's appointment in case of hung assembly
Appointment	No fixed criteria, loyalist often been appointed, it has become a post retirement treat. Article 157: Qualifications for appointment of governor Sarkaria and Punchhi commission: Include these qualification in the constitution Consult with CM Apolitical Outsider Eminent Hargovind Pant case:  Governor is not an employee of centre and is an independent constitutional office
Removal and transfer	Arbitrary, pleasure doctrine of pleasure (156) BP singhal case: Can be removed only if: Out of sync Loss of confidence Governor have right to be heard Can be restored if found on whimsical ground Sarkaria Commission: Should be allowed to complete 5 years  Punchhi commission: Impeachment like process instead of "Pleasure doctrine"
Impartiality	No re-appointment except for 2nd term, President , VP no active partisan politics To not assume the role of Ombudsman or conscience keeper Not to be concerned about the activities of the political parties
Issues	Discretionary power (163): Aid and advice of council of ministers Arunanchal Pradesh: interference in the functioning of the SLA Constitution: In deciding which matter falls in the discretion of the governor, governor's decision is final Punchhi : Choice dictated by reason and be in good faith SC in AP case:  Ar 163: Reinterpreted as he has limited discretion Governor is bound by the advice of the CoM in all matters (including 174) 356: President rule Issues: Lack of objective criteria Politically motivated Missing political neutrality in governor office Cases: Rameshwar Prasad Case, 2006: Cannot override claim, because majority was formed through tainted means, (Art, 356), Post Poll alliance is valid Buta Singh Case (2005): Governor report verified by CoM before advising Emergency. SR Bommai Case: Art. 356, majority on floor of the house, extraordinary S Commission: Sparing use of 356, All possibilities of alternate gov, P Commission: Constitutional convention in hung assembly, Localized emerg. Interfering in the State legislative assembly Interfering in session Can not interfere with the power of Speaker (Anti-defection) 200: Reservation of Bills (any bills): S and P commission: Objective guidelines should be formulated Role of governor in case of hung assembly: Manipur issue: 2nd largest party was called to form the government against the convention of largest party. P Commission: Constitutional Convention SR Bommai Case: Laid out guidelines Goa issue Morality Interference in CoM's works: Mamta Accused Governor of threatening and insulting her. Also occured in TN, Arunanchal etc This shows the increasing of political nature of the governor
Reasons	Post retirement Jobs Politically Unethical and constitutionally incorrect and against democratic tradition
Way forward	Shashi Tharoor: Mirror image of President Post of governor should attract to the men and women and women of Integrity and ability 2 possibilities: Abolished the post: As it is largely ceremonial and important tasks can be passed on to CM and Justice of HC Reform: Multi party consensus on Code of Conduct for Governor Give-up political membership Debared form fighting any elections No appointment in future Fixed the term Should not be transfer or only with consensus Impeachment like process President recommendation: Governor has the responsibility to preserve, protect and defend the constitution and thus should work with in constitutional framework Must not only be fair but also seen to be fair Innovative roles: Environmental Technology demonstrator: Smart solutions in Raj bhavan  Smart villages cooling off period for appointment of any ex-government employee as governor.