The political panorama of Kerala is currently embroiled in a substantial event that has seized the nationwide spotlight. The state administration has lodged a plea with the Supreme Court against Governor Arif Mohammad Khan. The crux of the matter lies in the alleged procrastination by the Governor in according his approval to the bills ratified by the state assembly.
The Core Dispute
The Kerala government contends that the Governor is
intentionally prolonging the endorsement of crucial bills, especially those
addressing post-COVID public health apprehensions. As per the state government,
this delay is a deliberate effort to subvert the rights of the populace. A
second plea has been submitted to the Supreme Court, urging the court to
involve the Governor as a party in the case.
Governor's Position
Governor Arif Mohammad Khan has declared that he will
sanction the pending bills only after Chief Minister Pinarayi Vijayan
personally meets him to elucidate the rationale behind the bills. This
additional layer of intricacy adds nuance to the issue.
Authority of a Governor in India
The Governor of an Indian state holds a position of
influence, wielding various powers and responsibilities under the Indian
Constitution. Here are the pivotal powers of a Governor:
1. **Executive Authority**: The executive authority of the
state is vested in the Governor, who can wield these powers directly or through
subordinate officers.
2. **Legislative Authority**: The Governor possesses the
ability to convene or adjourn the State Legislature and dissolve the
Legislative Assembly.
3. **Financial Authority**: The Governor oversees the
introduction of the state budget and other financial bills in the State
Legislature.
4. **Judicial Authority**: The Governor holds the power to
grant pardons, reprieves, respites, or remissions of punishment, or to suspend,
remit, or commute the sentence of any person convicted of an offense.
5. **Discretionary Authority**: In certain scenarios, the
Governor can act independently without the advice of the Council of Ministers.
It is imperative to recognize that although the Governor
wields these powers, their exercise is anticipated to align with the advice of
the Council of Ministers, led by the Chief Minister, except in instances where
independent action is mandated. The Governor serves as the nominal executive
head of the state and also acts as the center's agent, as the union government
nominates the Governor in each state.
Role of a Governor in India
1. **Constitutional Head**: The Governor is the
constitutional head of a state or union territory, representing the President
of India at the state level.
2. **Executive Function**: The Governor exercises executive
powers on behalf of the President, appointing the Chief Minister and other
members of the Council of Ministers based on the Chief Minister's advice.
3. **Legislative Function**: Governors can convene and
adjourn state legislature sessions, deliver addresses at the beginning of each
session, and accord assent to bills ratified by the state legislature.
4. **Discretionary Function**: The Governor possesses
discretionary powers to be invoked only in specific situations.
5. **Judicial Function**: The Governor appoints the Chief
Justice and other judges of the High Courts within their respective states, and
holds the authority to grant pardons, reprieves, and remissions of punishment
for individuals convicted under state laws.
6. **Emergency Function**: In the event of a constitutional
crisis or breakdown in the state's constitutional machinery, the Governor has
the power to assume emergency powers, such as assuming control of the state's
administration or recommending President's rule.
7. **Diplomatic Function**: The Governor represents the
state in ceremonial and diplomatic functions, hosting dignitaries like the
President, Prime Minister, and foreign diplomats.
It is crucial to note that while the Governor assumes these
roles, their execution is expected to align with the advice of the Council of
Ministers, led by the Chief Minister, unless independent action is
necessitated.
The Perspective of the Supreme Court
The Supreme Court, during the hearing of a parallel petition
filed by the Punjab government, censured Governors for procrastinating
decisions on legislated bills. A bench led by Chief Justice D Y Chandrachud
admonished Governors, suggesting they refrain from adopting a practice of
decision-making only after state governments resort to legal recourse.
Conclusion
The ongoing clash between the Kerala government and Governor Arif Mohammad Khan raises significant queries about the power dynamics between the state and the Governor's office. The resolution of this matter and its potential ramifications on Kerala's political landscape remain uncertain.
This narrative is unfolding, and updates will be provided as additional information surfaces.
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