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This is an archive article published on April 10, 2017

Centre, states discuss Governor’s role

At Inter-State Council meet, states claim post being politicised, ‘unhealthy’ for Centre-state ties

state-centre, inter-state council, governor role, discretionary power of governor, assembly elections, Goa, Manipur, rajnath singh, India news, Indian Express The meeting of the standing committee of the Inter-State Council in New Delhi on Sunday. (Express Photo by Prem Nath Pandey)

The standing committee of the Inter-State Council comprising seven states on Sunday discussed the use of discretionary powers by Governors during government formation, among other issues. The development comes against the backdrop of the BJP forming governments in Goa and Manipur despite not having the largest number of MLAs.

The meeting of the standing committee, chaired by Home Minister Rajnath Singh, was held after a gap of 12 years.

It may be recalled that the appointment of the Chief Ministers of Goa and Manipur had led to controversy after leaders of the BJP, which finished second to the Congress in both states, were invited to form governments with the help of smaller parties and Independents.

According to the M M Punchhi Commission’s recommendations on Centre-State relations, which came up for consideration, the Governor should follow clear guidelines on the appointment of the Chief Minister by sticking to a “clear order of preference”.

The commission had recommended that a CM should be asked to prove his majority within a clear time limit before he is dismissed. In such a scenario, the CM should prove his majority within five days to a maximum 30 days, it said.

Besides Home Minister Singh, Finance Minister Arun Jaitley, Uttar Pradesh Chief Minister Yogi Adityanath and his Odisha, Tripura and Chhattisgarh counterparts Naveen Patnaik, Manik Sarkar and Raman Singh were present. The CMs of Rajasthan, Punjab and Andhra Pradesh sent their representatives.

Among the suggestions sent by state governments, Bihar called the role of a Governor “redundant”, while some other states felt that Governors should have no role in governance or state politics under their charge.

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As many as 19 states have given their suggestions on the eligibility criteria for the post of Governor. Bihar said the post of Governor should be abolished, while Gujarat and Haryana felt the present parameters on qualification of the Governor suffice. Punjab has said that while appointing the Governor, the state government should be consulted.

There was consensus among the states that politicisation of the post of Governor was taking place, which was “unhealthy” for Centre-state relations.

On granting prosecution sanction against a member of the council of ministers under Section 197 CrPC, seven states contested the Punchhi Commission’s recommendation that the Governor should follow the Supreme Court’s interpretation that a Governor is not bound by the advice of the council of ministers.

Rajnath is believed to have told the meeting that the powers of the Governor, criteria for selection and impeachment should largely be left untouched. Jaitley is learnt to have supported Singh’s position.

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In his inaugural address, the Home Minister said the Centre and the states share a common desire to take this nation forward and all are convinced that prosperity can be achieved only when there is peace and stability.

He said it was important that trust and cordiality form the bedrock for Centre-state cooperation and both rise above narrow, sectarian interests.

The Punchhi Commission, notified in 2005, submitted its report in 2010. The recommendations pertain to the history of Centre-state relations in India; constitutional governance and management of Centre-state relations; Centre- state financial relations and planning and other issues.

The recommendations of the standing committee, finalised at this meeting, will be placed before the Inter-State Council headed by the Prime Minister.

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