CONSTITUTIONAL CONUNDRUMS: THE RELATIONSHIP BETWEEN GOVERNORS AND ELECTED GOVERNMENTS

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India is a federal republic and envisages a parliamentary form of the government. The makers of the Constitution of India opted for the federal polity with a strong centre. The federal system not only ensures the efficient governance of the country but reconciles national unity with regional autonomy. The term federation has nowhere been used in the Constitution. Article 1 of the Constitution described India as the Union of States. It is so because Indian federation is not the result of agreement among states like American federation and States have no right to secede from the federation. Federation is Union because it is indestructible. The framers of the Indian Constitution defined Indian federation as an “Indestructible Union of Destructible States”. Indian Constitution has a dual structure of the government with the Union Government at the centre and State government at the periphery. It lays down the framework for the governance of the country including the position of the governor. The Governor holds an important position in a constitutional democracy. He acts as a counsellor or arbitrator rather than an active politician. He is responsible for the smooth functioning of the administration in the State. But with the time, several issues arose regarding the role of Governor in the state politics. Where there is a multi-party system, there has always been a tussle between the Governor and the elected Governments. As seen in the recent past, the Governor has been acting as an agent of the Centre rather than in the interest of State. This has created a major power struggle between the Government and State governments. It is a high time to review the office of the Governor. The paper discusses the need and importance of the office of the Governor in India The paper also focuses on the constitutional and judicial framework regarding the position of the governor and the reforms which must be brought in the office of the governor to strengthen the constitutional democracy. Also, the researcher has discussed the various recent controversies revolving around the office of the governor in various states.