Sarkaria Commission’s Punchhi Commission’s Recommendations on Governor
It was recommended that a politician from the ruling party at the centre should not be made the Governor of a state run by another party or a coalition of parties. Article 155 of the Constitution should be suitably amended to ensure effective consultation with the Chief Minister of a state while, appointing a Governor in the state.
The vice-president of India and the speaker of Lok Sabha should also be consulted while making this appointment though this consultation should be confidential, informal and not a matter of constitutional obligations. He should be a man of some eminence in some field. He to serve as the Governor and be a detached figure with little record of participation in the local politics of the state.
Punchhi Commission’s Recommendation on Governor
Appointed in 2007, the Second panel on Centre-State relations has made following recommendation regarding State Governor.
• Endorsing on NCRWC recommendation, it says appointed of Governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and chief minister of the concerned state. The Vice-President can also be involved in the process.
• On the Governor’s qualifications, it suggests that the nominee should not have participated in active politics for atleast couple of years before his appointment.
• Criticising arbitrary dismissals, it says the practice of treating Governors as political football must stop. Unlike the Sarkaria Report, the Punchhi Repport is categorical that a Governor be given fixed 5 years tenure.
• Te panel also felt that Governors should have the Right to Sanction Prosecution of a minster against the advice of the Council of Ministers. However, it wants the convention of making them Chancellors of Universities done away with. There should be critical changes in the role of the Governor including fixed 5 years tenure as well as their removal only through impeachment by the State Assembly.
• Underlining that removal of a governor before a reason related to his discharge of function, it has proposed provisions for impeachment by the State Legislature along the same lines as that of President by Parliament. This, significantly, goes against the Doctrine of Pleasure upheld by the recent Supreme Court Judgment.
Term of Office
Article 156 (1) states that the Governor shall hold office during under his hand addressed to the President, resign his office. The Governor shall hold office for a term of 5 years from the date on which he enters upon his office, even on the expiry of his term, until his successor enters upon his office.
Article 160 provides that the President shall make such provisions as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for. The Governor has no security of term and no fixed term of office as he may be removed by the President at any time. On the removal, the Sarkaria Commission suggested that
– As far as possible the term of 5 years should be maintained.
– The Governor should be removed before their tenure only on the grounds as mentioned in the Constitution or, if aspersions are cast on his morality, dignity, constitutional prosperity etc.
– In the Process of removal, State Government may be informed and consulted.
– The National Commission for the review of working of Constitution under the Chairmanship of Justice Venkatachalliah has adopted the recommendation of the Sarkaria Commission as aforesaid.