: Opinion: Governors and the red line #IndiaNEWS #India By Pendyala Mangala Devi In States ruled by opposition parties, the Governors there often say the Constitution has given them powers to serve

Opinion: Governors and the red line #IndiaNEWS #India
By Pendyala Mangala Devi
In States ruled by opposition parties, the Governors there often say the Constitution has given them powers to serve the public directly, and no one can stop them from doing so. Constitutional experts view this statement as unconstitutional.
Constituent Assembly
The Constituent Assembly discussed in detail the role and functions of the office of the Governor. “The Memorandum on Principles of a Provincial Constitution�? was circulated to the members of the Constituent Assembly on May 30, 1947, by Sir Benegal Narsing Rau, Adviser, Constituent Assembly. It was prepared in accordance with the Cabinet Mission Plan formulated by the British Parliament on May 16, 1946.
According to the mission plan, the Constituent Assembly initially considered giving powers to the States, including residual power, except for foreign affairs, defence, communications, etc, (which are on the union List today). However, on June 3, 1947, the British government brought forward the issue of Partition of India.
Given the circumstances emerging due to the Partition and the merger of the provinces and States, a joint meeting of the Provincial Constitutional Committee and the union Constitutional Committee of the Constituent Assembly was convened on June 7, 1947. The session concluded that “the Constitution of India should be a federal structure with a strong centre�? due to emerging circumstances. Accordingly, most of the provisions of the Government of India Act, 1935, are enshrined in the Constitution. Section 50 of the Act defines the powers of the Governor.
Narsing Rau believed that the highest priority given to the Governor by the British government was not necessary in independent India, as it would be a violation of the sanctity of the elected government. He made it clear that in the event of a conflict between the Governor and the elected government, the elected Cabinet would resign and the Governor would not be able to appoint another Cabinet. He suggested that the relationship between the Governor and the Cabinet should be similar to that between the British King and the Cabinet and that the Governor should have no special powers. Accordingly, Article 163 was incorporated into the Constitution suggesting the role of the Governor.
Sardar Patel’s Point
During the debate on the powers of the Governor in the Constituent Assembly, Sardar Vallabhbhai Patel made it clear to the Governors of the States that they have no power except to report to the President and to convene or dissolve the State Assembly in case of any emergency and threat to peace and tranquillity.
During the discussion on Article 143 (now 163) of the Draft Constitution, HV Kamath moved an amendment to discard the clause conferring discretionary powers upon the Governor.

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