Examine the implications of a Governor’s constitutional powers on state governance and legislative processes in India.

The role of a Governor in India, particularly under Articles 174, 175, and 176 of the Constitution, is decisive in maintaining the balance of power within state governance. The Governor’s authority to summon, prorogue, and dissolve the Assembly, as well as to send messages regarding pending legislation, is crucial for the legislative process. However, these powers are not absolute; they are exercised on the advice of the Council of Ministers, headed by the Chief Minister, as established in the landmark case of Union of India vs Valluri Basavaiah Chaudhary (1979).
1. Checks and Balances – The Governor acts as a constitutional head, ensuring that the executive remains accountable to the legislature. This relationship is fundamental in a parliamentary democracy, where the government must maintain majority support in the Assembly.
2. Judicial Oversight – The Supreme Court’s ruling in the S.R. Bommai (1994) case reinforces the principle that the assembly floor is the appropriate venue for determining the majority, not the Raj Bhavan. This judgement emphasises that the Governor should refrain from intervening in political matters unless absolutely necessary.
3. – In Arunachal Pradesh, the Governor’s decision to advance the Assembly session raised questions about the legitimacy of his actions. Critics argue that this move undermined the democratic process by not allowing the Chief Minister, Nabam Tuki, to demonstrate his majority on the floor.
4. Consequences of President’s Rule – The imposition of President’s Rule without adequate opportunity for the ruling party to prove its majority can destabilise governance and lead to political turmoil.
The current situation marks the need for clarity in the application of the Governor’s powers. Thus, while the Governor plays an important role in state governance, their powers must be exercised judiciously to uphold democratic principles and ensure political stability.