The Inter-State Council (ISC), led by Home Minister Rajnath Singh, on Sunday discussed the discretionary powers of the Governor during government formation. Some States wanted a fixed cooling-off period for retired bureaucrats and judges before they are appointed Governors.
The meeting comes against the backdrop of renewed discussions on the role of Governors after the BJP formed governments in Goa and Manipur despite not having a majority.
The meeting of the Standing Committee of the ISC, held after a gap of 12 years, also discussed the tenure of governors and guidelines on the use of discretionary powers in appointment of chief ministers, besides a host of other issues.
“We discussed threadbare the role of Governors. Many States felt that a Governor should be qualified, non-partisan and above politics,” said Finance Minister of Andhra Pradesh Y. Ramakrishnudu, who represented Chief Minister N. Chandrababu Naidu at the council.
No role in politics
Mr. Ramakrishnudu said the States wanted Governors not to have a say in politics.
According to the M.M. Punchhi Commission’s recommendations on Centre-State relations, which were considered at the meeting, the Governor should follow clear guidelines in the appointment of a chief minister by sticking to a “clear order of preference”.
The commission has recommended that a Chief Minister should be asked to prove his majority within a clear time limit before he is dismissed.
In such a scenario, the Chief Minister should prove his majority within five days to a maximum of 30 days, it has said.
Mr. Singh chaired the meeting, while Finance Minister Arun Jaitley, Uttar Pradesh Chief Minister Yogi Adityanath and his Odisha, Tripura and Chhattisgarh counterparts, Naveen Patnaik, Manik Sarkar and Raman Singh, attended it. The Chief Ministers of Rajasthan, Punjab and Andhra Pradesh, who are also members of the committee, did not attend the meeting but sent representatives.
According to an internal note of the Inter-State Council, Bihar has called the role of a Governor “redundant”, while a few other States felt that Governors should have no role in governance or politics of the State under their charge.
As many as 19 States have given their suggestions on the eligibility criteria for the post of Governor.
Bihar has said the post of Governor should be abolished, while Gujarat and Haryana feel the present parameters with regard to qualification of the Governor suffice. Punjab has said that while appointing the Governor, State government should be consulted.
Advised by Cabinet
There was a general consensus among the States that politicisation of the post of Governor was taking place which was “unhealthy” for Centre-State relations.
On another controversial issue of granting prosecution sanction against a member of the Council of Ministers under Section 197 CrPC, seven States, including Uttar Pradesh and Punjab, contested the Punchhi Commission's recommendation that the Governor should follow Supreme Court interpretation that a Governor is not bound by the advice of the Council
Home Minister Singh is believed to have told the meeting that the powers of Governor, criteria for selection and his impeachment should largely be left untouched. Finance Minister Jaitley is learnt to have supported Mr. Singh's position.
According to an internal note of the Inter-State Council on deployment of security forces in States, 18 of them agreed to the suggestion of the Punchhi Commission that the Centre must protect States from internal and external disturbances.
The recommendations of the Standing Committee, finalised at this meeting, will be placed before the Inter-State Council headed by the Prime Minister.
