Governor Discretion and Floor Test Norms

Paper: GS – II, Subject: Polity, Topic: Executive, Issue: Discretionary Powers of Governor: Constitutional and Political Debate.

Context:

The role of the Governor in Indian states, particularly in Tamil Nadu, has come under scrutiny following the recent elections. The Governor’s delay in inviting the Tamilaga Vettri Kazhagam (TVK) leader, C. Joseph Vijay, to form the government raises questions about constitutional conventions and democratic principles.

Key Takeaways:

Background:

Explanation:

Constitutional Position of the Governor:

• The Governor functions largely on the aid and advice of the Council of Ministers under Article 163, except in limited discretionary situations.
• The Constitution does not clearly define the exact order in which parties should be invited in a hung Assembly.
• Therefore, conventions evolved over time, such as:
  • Pre-poll alliance with majority gets first preference.
  • Single largest party may be invited if it can demonstrate support.
  • Post-poll alliances may also stake claim if they possess majority support.

Governor Discretion in Government Formation:

• Discretion does not mean unrestricted personal choice.
• The Governor’s primary duty is to ensure a stable government enjoying Assembly confidence.
• The Governor cannot act as an agent of the Union government or political parties.
• Delay in inviting a majority coalition or selectively inviting a party may raise concerns regarding:
  • Constitutional morality
  • Federalism
  • Democratic legitimacy
• The Supreme Court repeatedly emphasized that political uncertainty should be resolved through a floor test at the earliest opportunity.

Important Supreme Court Judgements:

S.R. Bommai v. Union of India (1994):

• The Supreme Court held that majority support must be tested on the floor of the House.
• It strengthened federalism and reduced arbitrary dismissal of governments under Article 356.

Rameshwar Prasad Case (2006):

• The Court criticized misuse of gubernatorial reports and emphasized constitutional neutrality.

Nabam Rebia v. Deputy Speaker (2016):

• The Court observed that the Governor is not an all-powerful authority.
• It clarified that discretionary powers are limited and must operate within constitutional boundaries.

Raghukul Tilak Case (1979):

• The Court stated that gubernatorial discretion should not be arbitrary, fanciful, or politically motivated.

Committee Recommendations:

Sarkaria Commission (1988):

• Recommended that the Governor should invite:
  • Pre-poll alliance with majority
  • Single largest party with support
  • Post-electoral coalition with majority
• Suggested that Governors should be politically neutral individuals.

Punchhi Commission (2010):

• Recommended codifying guidelines for government formation.
• Stressed that discretionary powers under Article 164 are very limited.
• Emphasized respect for constitutional morality and cooperative federalism.

Conclusion:

The Governor occupies a crucial constitutional office intended to preserve democratic stability and constitutional balance. However, discretionary powers must operate within judicially evolved principles, constitutional conventions, and federal norms. The ultimate test of legitimacy in a parliamentary democracy remains the confidence of the elected House, not the subjective satisfaction of the Governor.

Source: (The Indian Express, The Hindu, Live Mint)

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