Appointment and Role of the Governor
- The very office of the Governor as an agent of the Central Government to monitor the State Government imperils the powers of the constituent States.
- The Raja Mannar Committee Report was highly critical of the office and role of the governor.
- The regional parties have deprecated the practice of appointing politically active and partisan persons as governors.
- They have frequently demanded that the governor should be appointed in consultation with the State Government.
- The attitude of the Governor towards the State Governments of those ruled by parties opposed to the ruling party at the Centre is another major tension area in Centre-State relations.
Education
- There is a popular demand that the subject of education must be restored to the List II or State List in which originally it was located.
- Parliament in 1976 enacted the 42nd Constitutional Amendment Act that transferred the subject of education to List III or Concurrent List.
- The State Governments exclusively had authority over education when it was in State List and the Union Government acquire education after this transfer.
- When a contradiction arises between the States and the Central Government in the Concurrent List the authority of the Central Government or Parliament will prevail.
- Many political parties in States like Tamil Nadu are demanding the transfer of education back to the State List.
Reservation of State Bills for Presidential Consideration
- The Governor of a State has discretionary power to reserve a bill of the State legislature for the consideration of the President.
- Whenever a money bill of the State legislature is reserved by the Governor the President may either declare or withhold his assent.
- In the case of other bills, he can declare or withhold his assent.
- He can also direct the Governor to send the bill for reconsideration to the legislature concerned.
- Even if the bill is again passed by the State legislature it is not obligatory for President to declare his assent.
- This provision was incorporated in the Constitution to protect the unity and integrity of India.
- But many State Governments have criticized the Governors for reserving the duly passed State bills for the consideration of the President as there were alleged to have been motivated by political considerations to suppress the State Governments and to further the interests of the ruling party or coalition at the Centre.
Improper use of Article 356
- Article 356 in Part XVIII of the Constitution provides for the proclamation of Emergency by the President in any State where there is a breakdown of Constitutional machinery either based on the report of the Governor or even otherwise.
- The article emphasizes on the supremacy of the Constitution and national unity and integrity.
- The State Governments ruled by the opposition parties of the ruling party at the Centre have complained against the frequent and improper use of this article by the ruling party or coalition at the Centre.
- More than a hundred times, the article has been used to impose emergency in States and in many instances
- Many regional parties have demanded the abolition of this article.
- However, since the Supreme Court’s judgement in S.R. Bommai vs Union of India case, the chances for misuse of article 356 drastically reduced.
All India Services
- All India Services are created under article 312 of the Constitution.
- The officers to these services are recruited by the Union Government and posted in the States.
- The State Governments have powers of posting, and transfer while the Central Government alone has powers to dismiss them.
- As the ultimate control over the All India Services are with the Central Government the State Governments have sought changes in the system and the Rajamannar Commission of Tamil Nadu government suggested a complete revamping in the structure and position of All India Services.