Day 16 – Q. 1. Tensions between State Governments and Governors in states like Tamil Nadu and Punjab have raised concerns about Centre–State relations. How do such confrontations affect federalism, and what steps can be taken to address them? (150 words, 10 marks)

Q. 1. Tensions between State Governments and Governors in states like Tamil Nadu and Punjab have raised concerns about Centre–State relations. How do such confrontations affect federalism, and what steps can be taken to address them? (150 words, 10 marks)

Introduction 

The Governor, as per Articles 153–162 of the Constitution, acts as the constitutional head of a  state. However, recent confrontations—like delays in bill assent in Tamil Nadu and Punjab—raise  concerns over misuse of this office, affecting federal balance. 

Body

Impact of confrontation on Federalism 

1. Erodes legislative dignity and trust: Withholding of bills passed by elected legislatures  undermines democratic legitimacy.  Example: Tamil Nadu (2023) saw 10 bills returned, prompting a state legislative resolution.
2. Interrupts state policy and assembly business: Delay in convening or summoning sessions  hampers governance and accountability. Example: Punjab (2023) faced constitutional deadlock over summoned sessions.
3. Partisan use of discretionary powers: Political affiliations of Governors damage perceptions  of neutrality. Example: Allegations in West Bengal, Tamil Nadu, and Kerala cited on political bias.
4. Endangers constitutional morality: Judicial interpretation emphasizes adherence to aid-and advice principle. Example: Nabam Rebia v. Deputy Speaker (2016) invalidated arbitrary gubernatorial decisions. 

Reforms to Restore Federal Balance 

1. Merit-based and consultative appointments: Governor selection should involve input from  Chief Ministers. Example: Sarkaria (1988) and Punchhi (2010) recommend transparent selection and fixed  tenure. 
2. Legislate time-bound assent: Constitutional amendments should fix deadlines for Governor  assent to bills. Example: Tamil Nadu judgment (2025) prescribed time limits under Articles 200–201.
3. Clarify discretionary powers: Codify circumstances for reservation, dissolution, and  President’s Rule. Example: Sarkaria and Punchhi Commissions called for clearer protocols.
4. Strengthen institutional dialogue and oversight: Empower the Inter-State Council and  enable judicial review of abuses. Example: Government of NCT of Delhi v. Union of India (2023) reaffirmed federal  autonomy. 

Conclusion

To preserve the dignity of federalism, Governors must act as neutral constitutional heads rather  than political agents. As B.R. Ambedkar noted, “The Governor is not an agent of the Centre, but  the constitutional head of the State.”