A dramatic decision by Governor N Ravi Kumar has created a constitutional crisis in Tamil Nadu. After the dismissal of minister Senthil Balaji, questions are being raised about the governor's responsibility. However, this is not the first time when a governor is in controversy over his constitutional responsibility. Be it Bihar Governor Buta Singh in 2005 or Maharashtra Governor Bhagat Singh Koshyari in 2019, the decisions of each have questioned the accountability of the Governor. The post of Governor is created within the federal framework of the Constitution and is appointed by the President on the recommendation of the Ministry of Home Affairs.

What does the Home Ministry report say?

According to a Home Ministry report, the salary and allowances of the Governor cost an average of Rs 10 lakh per month. If seen on an annual basis, this amount is around 1 crore 20 lakhs. Apart from this, hundreds of employees are hired to work in the Raj Bhavan at a cost of crores of rupees. A new debate has arisen due to the unconstitutional decisions of the governors who have spent crores of rupees of taxpayers. West Bengal Minister Shobhandev Chatterjee has demanded abolition of the post of Governor. In 2016, Bihar Chief Minister Nitish Kumar also demanded to abolish it.

Why conflict in Tamil Nadu?

Senthil Balaji is the Transport Minister in the Stalin government of Tamil Nadu. He was arrested by the ED on June 14 in the 'cash for job' scam. At that time, Stalin sent a proposal to the Governor, asking that Senthil's department be given to another minister. Rejecting this proposal of the Chief Minister, the Governor issued an order to dismiss Minister Balaji from the Cabinet after 15 days. On the other hand, as the matter became more serious, the Governor issued another order, stating that the Governor had withdrawn his decision. According to Supreme Court lawyer Virag Gupta, the governor had earlier issued a dismissal notice to the minister and is now talking about reinstatement. How can this be possible? To reinstate a minister, the process of appointment and swearing-in will now have to be adopted afresh.

Position and Responsibilities of the Governor in the Constitution of India

The post of Governor in India is a constitutional post. According to Article 153 of the Constitution, there shall be one Governor for each State of the Republic of India. The President appoints the Governor on the recommendation of the Centre. The tenure of the Governor depends on the President. According to former President Ram Nath Kovind, the Governor plays the role of a bridge between the Center and the states. The Governor has fiscal, legislative, executive and judicial powers. The governor also has the power to form the government on the basis of majority, convene the assembly and recommend the dissolution of the assembly.

Governor Chancellor of all the Universities of the State

The Governor is the Chancellor of all the universities in the state. The Governor also appoints the State Advocate General, Chairman and members of the Public Service Commission. A Finance Bill cannot be introduced in the Legislative Assembly without the permission of the Governor. No bill can become a law without the assent of the Governor. According to Virag Gupta, in a federal system the Governor is the representative of the Centre. The Constitution clearly states that the Governor must take any decision on the advice of the Cabinet. That is why the role of the Governor becomes limited in a majority government.

What is the expenditure on wages and allowances?

The Governor also gets money for decorating the Raj Bhavan. That is why there are different provisions from state to state. According to the rules, the Governor can renew the furniture of the Raj Bhavan when required. Bihar has maximum allocation of money for decoration. Governor of Bihar can spend up to 62 lakh rupees on decorations. Sikkim's Raj Bhavan has the lowest budget allocated, where the Governor can spend only 3 lakh 85 thousand rupees.

The cost of decorating the Raj Bhavan is staggering

If we look at the average of rupees spent on decorations, it is close to 10 lakhs. Many governors spend only one year. Many governors have been embroiled in controversies over spending on the decoration of the Raj Bhavan. This also includes the name of former UP Governor Romesh Bhandari. West Bengal spends the most on entertainment, travel, health and office expenses etc. In Bengal the Governor can spend 1 crore 81 lakh rupees annually on these items. If the average of all the states is looked at, this thing costs the governor an average of 60 lakh rupees, i.e. 5 lakh rupees in a month.

Allowances for water, electricity and garden etc

The Governor also gets allowances for water, electricity, garden, repairs etc. This allowance for renovation, water, electricity and garden etc. is called maintenance allowance. The highest allowance is given to the Governor of Tamil Nadu. The Governor of Tamil Nadu can spend a maximum of Rs 6 crore. While the Governor of UP gets Rs 3.53 crore and the Governor of Maharashtra gets Rs 1.80 crore. On an average, the governor gets Rs 50 lakh as maintenance charges in a year. That is about 4.5 lakh rupees in a month. Apart from all this, the Governor gets a salary of Rs 3.5 lakh per month. Gross Pay Allowance on an average of Rs. More than 12 lakhs.

Is the post of governor unnecessary?

In April 2023, CPI Rajya Sabha MP Vinay Viswam demanded abolition of the post of Governor. He said it was unnecessary. Vishwam also gave a private bill notice. Vishwam says - the post of governor is a burden. It is only for decoration and has no real power. Vishwam describes the Raj Bhavan as the camp office of the ruling party at the Centre. According to him, people are being made governors to fulfill the agenda of the Centre.

A research revealed shocking information

Ananya and Nilesh of Ashoka University researched 503 former governors of the country. According to research, on an average a governor could stay in office for only 2 years. It was further said that 44 governors were made the most in Rajasthan after independence. According to the research, 77 of the 503 governors were retired military officers and judges, while all the remaining governors were people connected to politics. At present, 20 out of 28 governors belong to the ruling party at the Centre.

Apprehension of a constitutional crisis

During the hearing of a case in 2006, the Supreme Court spoke of setting guidelines for the appointment of the Governor. Recently, Vidhi for Center Policy has published a book titled Heads Held High: Salvaging State Governors for 21st Century India. According to authors Shankar Narayanan, Kevin James and Lalit Panda in the book, abolishing the post of governor could also create several constitutional problems. Along with creating harmony between the Center and the States, the Governor also reviews the laws of the State Legislature. If this responsibility is given to someone else, a constitutional crisis will arise.

If the governor takes a decision according to the constitution, there will be no controversy

On the other hand, Virag Gupta says - if the Governor takes the decision according to the constitution, there will be no controversy. In the meeting of the Constituent Assembly also after discussion on the post of the Governor, his limited role and his rights in special circumstances were decided. At that time Dr. Ambedkar said that the excellence of the Constitution will depend on the conduct of the people who execute it. That is why it is more important to follow healthy traditions by the governor than to review his position.