Q. Recent times seen the politicisation of the office of governor led to a constitutional crisis, light of the above statement suggests a measure that can be taken to ensure the impartial role of the Governor to ensure good governance in the state

Introduction: The office of the Governor in India is a crucial constitutional position designed to act as a bridge between the Union and State governments. However, in recent times, the politicisation of this office has led to constitutional crises, undermining the federal structure and good governance. To ensure the Governor's impartiality and uphold the sanctity of the office, several measures can be undertaken.

Challenges in the Current System

1. Political Appointments: Governors are often appointed based on political affiliations rather than merit, leading to biased decision-making.
2. Partisan Conduct: Instances of Governors acting in favor of the ruling party at the Centre or against the elected state government have been observed, disrupting the federal balance.
3. Dismissal of State Governments: There have been controversial recommendations by Governors to dismiss state governments, leading to political instability.

Notable Instances of Politicization

1. Arunachal Pradesh (2016): The governor's decision to advance the assembly session led to a political crisis and the imposition of President's Rule, which was later overturned by the Supreme Court.
2. Maharashtra (2019): The early morning swearing-in of a chief minister without clear evidence of a majority led to allegations of partisan actions by the governor.
3. Karnataka (2018): The governor invited the party with the largest number of seats to form the government, despite not having a majority, which led to significant political drama.

Measures to Ensure Impartiality

• Transparent and Merit-Based Appointment:

1. 1. • Constitutional Amendments: Amend Article 155 and Article 156 to include a transparent and consultative process for the appointment and removal of Governors. The selection should be based on merit and experience rather than political considerations.
      • Search Committee: Establish an independent search committee comprising eminent jurists, administrators, and public figures to recommend candidates for the Governor's post.

• Fixed Tenure and Security of Tenure:

1. 1. • Fixed Tenure: Ensure a fixed tenure for Governors to insulate them from political pressures and provide stability. This can be reinforced by amending Article 156 to prevent arbitrary removal.
      • Security of Tenure: Strengthen the provisions related to the removal of Governors, allowing removal only on grounds of proven misbehavior or incapacity, as determined by a quasi-judicial process.

• Code of Conduct:

1. 1. • Code of Conduct for Governors: Formulate a detailed code of conduct for Governors, outlining their responsibilities and limitations. This should emphasize neutrality, non-partisanship, and adherence to constitutional provisions.
      • Monitoring Mechanism: Establish an independent body to monitor the adherence to the code of conduct and address any deviations.

• Judicial Review:

1. 1. • Judicial Oversight: Strengthen the judicial review mechanism to address instances of gubernatorial overreach or partisanship. The judiciary should have the power to scrutinize and nullify any unconstitutional actions taken by Governors.

• Consultative Role:

1. 1. • Consultation with State Governments: Mandate that the Central Government consult with the respective state government before appointing a Governor. This would ensure that the appointee is acceptable to the state, fostering a cooperative federal environment.

• Training and Orientation:

1. • Orientation Programs: Conduct mandatory orientation and training programs for newly appointed Governors to familiarize them with their constitutional role, duties, and the importance of maintaining impartiality.

Conclusion: Ensuring the impartial role of the Governor is crucial for maintaining the federal balance and promoting good governance in states. By implementing transparent and merit-based appointments, providing fixed and secure tenure, establishing a code of conduct, enabling judicial review, fostering consultation with state governments, and offering training, we can mitigate the politicization of the office. These measures will reinforce the Governor's role as an impartial constitutional authority, thereby enhancing the overall governance framework in India.