Governor vs. Elected Government: Legal Conflict in Tamil Nadu
- ByAdmin --
- 20 May 2025 --
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The tussle between the Governor and the elected government has been a recurring theme in Indian state politics, and Tamil Nadu has witnessed some notable episodes of this constitutional conflict. This article delves into the legal aspects, causes, and implications of the ongoing friction between the Governor and the elected government in Tamil Nadu.
Role of the Governor in Indian States
- The Governor is the constitutional head of a state appointed by the President under Article 155 of the Constitution.
- The Governor’s duties include summoning and proroguing the state legislature, appointing the Chief Minister, and safeguarding constitutional propriety.
- Although largely a ceremonial post, the Governor holds discretionary powers in certain situations, like hung assemblies or government formation.
Background of the Conflict in Tamil Nadu
- Tamil Nadu has experienced periodic conflicts where the Governor and the elected Chief Minister or Council of Ministers have differed on key issues.
- These disputes typically arise during government formation, legislative sessions, or policy implementation.
- Political rivalries and party differences often exacerbate constitutional ambiguities, leading to legal battles.
Legal Issues Underlying the Conflict
1. Appointment and Dismissal of the Chief Minister
- Under Article 164(1), the Governor appoints the Chief Minister who commands the majority in the legislative assembly.
- Controversies arise when the Governor delays inviting a party to form government or insists on a floor test.
- The Supreme Court has ruled that the Governor’s role is to ensure a stable government, not to act as a partisan actor.
2. Discretionary Powers vs. Aid and Advice
- The Governor is bound by the aid and advice of the Council of Ministers per Article 163, except in cases where discretion is explicitly provided.
- Conflicts emerge when Governors act independently, especially in rejecting or reserving bills for the President’s consideration.
3. Summoning and Proroguing the Assembly
- Governors have the power to summon and prorogue the state legislature (Article 174).
- In Tamil Nadu, controversies have occurred when Governors allegedly delayed or advanced assembly sessions to affect government stability.
4. Reservation of Bills
- The Governor can reserve a bill passed by the state legislature for the President's assent under Article 200.
- Political disputes have arisen over the use of this power, especially when bills have significant political or social implications.
Notable Instances in Tamil Nadu
- The conflict between the Governor and the DMK government during certain legislative sessions has attracted judicial scrutiny.
- Disputes over the Governor’s role in administrative appointments and policy approvals have led to public debates on constitutional propriety.
Judicial and Constitutional Responses
- The Supreme Court has reiterated that the Governor must act on the advice of the Council of Ministers except in exceptional circumstances.
- The S.R. Bommai case (1994) emphasized federal principles and restricted misuse of Governor’s powers.
- Courts have intervened to uphold democratic mandates and prevent arbitrary actions by Governors.
Political Implications
- Such conflicts often stall governance and delay policy implementation.
- They may lead to political instability, affecting public welfare and development.
- The tussle sometimes becomes a tool for the Central government to influence state politics.
Conclusion
The Governor versus elected government conflict in Tamil Nadu highlights the delicate balance of constitutional powers in Indian federalism. While the Governor’s role is vital for constitutional safeguards, overreach risks undermining democracy and elected mandates. Clearer guidelines, judicial oversight, and political restraint are essential to harmonize relations between the Governor and the state government, ensuring smooth governance and respect for democratic processes.
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