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Indian Constitution at Work t u Role of Governors and President’s Rule T R EAD A CARTOON The role of Governors has always been a o B controversial issue between the States and ’ the central government. The Governor is not r i an elected office-holder. Many Governors C t have been retired military officers or civil i servantsorpoliticians.Besides,theGovernor y o is appointed by the central government and r therefore, actions of the Governor are often k a viewed as interference by the Central S government in the functioning of the State government. When two different parties are in power at the centre and the State, the role of the Governor becomes even more controversial. The Sarkaria Commission that was appointed by the central government 27 April 1952 (1983; it submitted its report in 1988) to examine the issues relating to centre-State “When Nehru was appointing relations, recommended that appointments governors, some were reluctant to of Governors should be strictly non-partisan. quit ministerial chairs.” Don’t spare me Shankar, p.89 Powers and role of the Governor become controversial for one more reason. One of the most controversial articles in the Constitution is Article 356, which provides for President’s rule in any State. This provision is to be applied, when ‘a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.’ It results in the takeover of the State government by theUniongovernment.ThePresident’sproclamationhastoberatified by Parliament. President’s rule can be extended till three years. The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State assembly. This has led to many conflicts. In some cases, State governments were dismissed even when they had a majority in the legislature, as had happened in Kerala in 1959 or without testing their majority, as happened in several other States after 1967. Some cases went to the 166 Supreme Court and the Court has ruled that constitutional validity of the decision to impose President’s rule can be examined by the judiciary. Reprint 2026-27