Relationship with the Governor

1. Introduction

1. The Governor acts as the constitutional head of the state, while the Chief Minister (CM) is the executive head.
2. The relationship between the Governor and CM is central to the functioning of the state government.
3. The Governor exercises powers on the aid and advice of the Council of Ministers headed by the CM, except in specific discretionary matters.

2. Appointment and Role of the Chief Minister

1. The Governor appoints the CM, usually the leader of the majority party in the Legislative Assembly.
2. In case of a hung assembly, the Governor may exercise discretion in appointing the CM.
3. The CM is responsible for communicating all decisions of the Council of Ministers to the Governor.

3. Governor’s Role in Legislative Processes

1. The Governor summons, prorogues, and dissolves the state Legislative Assembly on the advice of the Chief Minister.
2. Bills passed by the Legislative Assembly are sent to the Governor for assent, who may approve, withhold, or reserve them for the President.
3. The CM must ensure that all legislative decisions are communicated effectively to the Governor.

4. Aid and Advice

1. The Governor acts on the advice of the Council of Ministers led by the CM, except in cases where discretion is allowed.
2. The CM provides guidance and ensures compliance with the Governor’s constitutional role.
3. The Supreme Court has clarified that the Governor cannot act independently of the CM and Council of Ministers in most matters.

5. Discretionary Powers of the Governor

1. The Governor may exercise discretion in situations like recommending President’s Rule under Article 356.
2. In cases of a no-confidence motion, the Governor may decide whether to invite the CM to prove majority or dismiss the government.
3. During political crises, the Governor’s discretionary powers often lead to controversy.

6. Areas of Cooperation

1. The CM keeps the Governor informed about decisions and policies of the state government.
2. The CM advises the Governor on appointments, including that of the Advocate General and State Election Commissioner.
3. Effective communication and mutual respect ensure smooth functioning of the state machinery.

7. Areas of Conflict

1. The Governor may act contrary to the advice of the CM in politically sensitive matters.
2. Disputes may arise over the use of discretionary powers, such as in cases of government formation.
3. The Governor’s role in sending bills for Presidential assent may sometimes delay legislation.

8. Judicial Interventions

1. The judiciary has clarified that the Governor must act on the advice of the Council of Ministers in most situations.
2. Landmark judgments like the S.R. Bommai case have defined limits to the Governor’s powers.
3. The Supreme Court has emphasized the principle of federalism and the CM’s role as the leader of the state executive.

9. Importance of Coordination

1. Coordination between the Governor and CM ensures stability and effective governance.
2. The CM must balance political and constitutional duties while working with the Governor.
3. A collaborative relationship strengthens the federal structure and upholds democratic principles.

10. Conclusion

The relationship between the Governor and the Chief Minister is pivotal to the functioning of the state government. Mutual understanding, adherence to constitutional norms, and respect for democratic values are essential for maintaining the balance of power in the federal framework.