Sacking Governors

Sacking Governors
Rajeev Dhavan


The Supreme Court’s judgment on governors in B.P. Shinghal’s case (2010) was welcomed. But it is not enough. The legal controversy revolves around the Governors being appointed (a) at the President’s pleasure to be sacked when the Prime Minister wants or (b) for the guaranteed term appointment of 5 years. The Sarkaria Commission (1988) revealed that between 1947 to 1986 out of 154 tenures, 104 did not complete their five year term! The merry-go-round has continued. The Bhagwan Sahay Committee (1971) did not tackle the issue even though Governor Dhavan raised it. The Sarkaria Commission shielded away from giving Governors security of tenure. The Constitution Commission recommended a fixed five year term with removal only by impeachment. In the Constituent Assembly, Ambedkar’s summary response was that prescribing reasons for removing governors was a matter of detail.

The Supreme Court examined the issue with legal detachment, overlooking that successive Union governments treated the Governor as an agent, saboteur and doormat to be dismissed at pleasure. Even government peons have better protection.

The Supreme Courts response was half-hearted. It gave priority to the “pleasure doctrine” over the constitutionally prescribed 5 year term. It failed to restrict the compelling reasons for removal to physical/mental disability, corruption or conduct unbecoming. It refused to require reasons for removal. It failed to accept its role of rigorous judicial review. In other words, the Supreme Court recognized the problem but failed to resolve it. Governors will continue to be as vulnerable as they were before, to be removed for silent reasons. The Court also lost sight of the Constitution Commission’s recommendation for new collegiate appointment systems so that arbitrarily appointed governors are not arbitrarily dismissed.

Disappointment increases when we realize the Governor is a head of State. He is not a beck and call appointment to be used and abused at pleasure. The whole system needs to be changed by constitutional amendment.