GOVERNOR AND CHIEF MINISTER
1. Context
A day after the Trinamool Congress lost the West Bengal elections to the BJP, party chairperson Mamata Banerjee on May 5 said she would not resign as Chief Minister, alleging that the verdict was the result of a “conspiracy” rather than the people’s mandate. Addressing a press conference, Ms. Banerjee claimed the elections had not been conducted fairly and accused the BJP of misusing central forces to “forcibly capture” booths and influence the outcome. She added that the party would challenge the results and continue its political fight.
2. Can a Governor remove the Chief Minister?
- Article 164(1) of the Constitution states that the Chief Minister is appointed by the Governor, while the other Ministers are appointed on the Chief Minister’s advice, and that the Ministers remain in office “during the pleasure of the Governor.”
- A plain interpretation of this clause may suggest that the Governor has the power to dismiss a Chief Minister. Nevertheless, members of the Constituent Assembly had warned that such wording could permit arbitrary use of gubernatorial authority.
- During the Constituent Assembly debates, member Mohammad Ismail Khan proposed an amendment to the then Draft Article 144, recommending that the phrase “during the pleasure” be substituted with “so long as they enjoy the confidence of the Legislative Assembly of the State.”
- He argued that since the Governor was envisaged as a nominee of the President, the Constitution should clearly specify that the Council of Ministers would continue in office only while retaining the confidence of the State Legislature, rather than at the discretion of the Governor.
- Responding to these apprehensions, B. R. Ambedkar clarified that the Council of Ministers is intended to remain in office only as long as it enjoys majority support in the Legislative Assembly. He explained that this principle was not expressly mentioned because parliamentary constitutions elsewhere did not explicitly frame it in those terms.
- Subsequently, the Supreme Court has consistently interpreted the Governor’s authority as being largely exercised on the “aid and advice” of the Council of Ministers.
- In A.G. Perarivalan v. State Through Superintendent of Police (2022), the Court observed that the term “Governor” effectively operates as a shorthand reference to the State government.
- Although the Governor is recognised as the formal constitutional head and repository of executive authority, the Court reaffirmed that the office is ordinarily bound by the advice of the State Council of Ministers
3. When is a floor test required?
A floor test becomes necessary when there is uncertainty regarding whether the government in power still enjoys the confidence of the majority in the Legislative Assembly. In a parliamentary system, the majority support of elected legislators determines the legitimacy of the Council of Ministers.
The Supreme Court has repeatedly held that the appropriate forum to determine majority support is the floor of the House, not the Governor’s personal assessment or external claims. A floor test is generally ordered in the following situations:
- Loss of Majority Support
If legislators withdraw support from the ruling party or coalition, and doubts arise about the Chief Minister’s majority, the Governor may direct the government to prove its strength in the Assembly. - Post-Election Hung Assembly
When no party secures a clear majority after elections, the Governor may invite a leader to form the government and require a floor test within a specified period. - Internal Party Split or Defections
If a significant number of MLAs rebel, defect, or claim that the Chief Minister no longer commands majority support, a floor test may be ordered. - Competing Claims to Form Government
Where rival political groups claim majority backing, the Assembly floor test serves as the constitutional method to verify numerical strength. - After Withdrawal of Coalition Support
In coalition governments, if an alliance partner withdraws support, the Governor may ask the Chief Minister to demonstrate majority support in the House.
| The Supreme Court in S. R. Bommai v. Union of India emphasized that questions regarding majority must ordinarily be tested on the Assembly floor. Similarly, in Shivraj Singh Chouhan v. Speaker, Madhya Pradesh Legislative Assembly, the Court reiterated that a floor test is the most constitutionally appropriate mechanism to determine whether a government retains confidence of the House. |
4. What happens after the Assembly’s tenure ends?
Article 172 of the Constitution deals with the duration of a State Legislative Assembly and stipulates that, “unless sooner dissolved”, an Assembly “shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly.”
Once the tenure of a State Legislative Assembly ends — ordinarily after five years under Article 172 of the Constitution — the Assembly is dissolved, and its members cease to hold office. However, the constitutional machinery of government continues until a new Assembly is elected and a new Council of Ministers assumes office.
The following usually happens after the Assembly’s term expires:
- Dissolution of the Assembly
The Legislative Assembly stands dissolved either automatically upon completion of its five-year term or earlier if dissolved by the Governor on the advice of the Chief Minister. - Caretaker Government Continues
The existing Chief Minister and Council of Ministers generally continue in a caretaker capacity until a new government is formed. Their role is limited to routine administration, and they are expected not to take major policy decisions or significant financial commitments. - Elections Are Conducted
The Election Commission of India conducts elections to constitute a new Assembly. - Formation of New Government
After the election results are declared, the Governor invites the leader who is most likely to command majority support in the Assembly to form the government and prove majority through a floor test if required. - If No Government Can Be Formed
If no party or coalition is able to establish majority support, constitutional complications may arise. In extreme situations, President’s Rule under Article 356 may be imposed upon the Governor’s report, subject to constitutional limitations laid down in S. R. Bommai v. Union of India.
5. Way Forward
Section 100 of the Representation of the People Act, 1951 lays down the circumstances under which a candidate’s election can be disputed and set aside. These grounds include involvement in corrupt electoral practices by the candidate, violations of legal procedures by the returning officer, and various other forms of statutory non-compliance.
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For Prelims: Governor, Chief Minister, Article 153, Article 154, Article 164, and Article 243K.
For Mains: 1. In the context of friction between the state governments and the Governor explain the role and powers of the Governor and what reforms have been suggested so far to end the tussle between the state governments and the Governor.
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Previous Year Questions
Which of the following are the discretionary powers given to the Governor of a State? (UPSC CSE 2014)
1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below
A. 1 and 2 Only
B. 1 and 3 Only
C. 2, 3 and 4
D. 1, 2, 3, 4
Answer (B)
2.Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
Answer (C)
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Source: The Hindu
