The role of the Governor in Bihar, as in other Indian states, is a blend of ceremonial, executive, and discretionary powers. The Governor is the constitutional head of the state, appointed by the President of India, and acts as the representative of the central government in the state. This article delves into the multifaceted role of the Governor in Bihar, examining their constitutional, administrative, legislative, and discretionary powers, alongside their evolving significance in the political landscape of the state.
Constitutional Framework
Appointment and Tenure
The Governor of Bihar is appointed by the President of India under Article 155 of the Indian Constitution.
The tenure of the Governor is five years, but they serve at the pleasure of the President, meaning they can be removed before the completion of their term.
Eligibility Criteria
As per Article 157 and 158:
The Governor must be a citizen of India.
They must be at least 35 years old.
They cannot be a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) of any state.
They should not hold any office of profit.
Executive Powers
Administrative Head of the State
The Governor is the head of the state executive and exercises powers under Article 154 of the Constitution.
All executive actions in Bihar are taken in the Governor's name.
Appointment Powers
The Governor appoints the Chief Minister of Bihar, who is usually the leader of the majority party or coalition in the Legislative Assembly.
Other ministers are appointed on the advice of the Chief Minister.
The Governor also appoints the Advocate General of the State and members of the State Public Service Commission.
Role in Administration
The Governor ensures that the state government operates as per the provisions of the Constitution.
They receive regular reports from the Chief Minister on the administration of the state.
Legislative Powers
Summoning and Dissolving the Assembly
The Governor summons and prorogues the sessions of the Bihar Legislative Assembly under Article 174.
They have the power to dissolve the Assembly on the advice of the Chief Minister or during a constitutional crisis.
Address to the Assembly
At the beginning of each year and the first session after general elections, the Governor addresses the Legislative Assembly, outlining the policies of the state government.
Assent to Bills
A Bill passed by the Bihar Legislative Assembly becomes a law only after the Governors assent.
The Governor can:
Give assent to the Bill.
Withhold assent.
Return the Bill for reconsideration (except money bills).
Reserve the Bill for the Presidents consideration.
Ordinance-Making Power
Under Article 213, the Governor can promulgate ordinances when the Legislature is not in session, provided they are satisfied of the necessity.
Judicial Powers
The Governor has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offence against a state law under Article 161.
Discretionary Powers
Appointment of Chief Minister
In case of a hung assembly, the Governor exercises discretion in inviting a leader to form the government.
They assess the likelihood of a stable government being formed.
Sending Reports to the President
Under Article 356, the Governor can send a report to the President recommending President's Rule in the state if the constitutional machinery breaks down.
Reservation of Bills
The Governor can reserve certain Bills for the President's consideration if they conflict with the Centres laws or have significant constitutional implications.
Role during Emergencies
During Presidents Rule, the Governor becomes the principal channel of communication between the central and state governments.
Role in Socio-Economic Development
The Governor of Bihar plays a vital role in promoting development and social welfare in the state.
As the Chancellor of state universities, the Governor oversees the functioning of higher educational institutions.
They support initiatives aimed at addressing key issues like poverty, literacy, and health in Bihar.
Controversies and Challenges
Conflict with State Governments
The role of the Governor often becomes contentious, particularly when the ruling party in Bihar differs from the party at the Centre. Instances of alleged bias and misuse of discretionary powers have led to debates on the role of the Governor.
Use of Article 356
In Bihars political history, there have been occasions when the Governors report has led to the imposition of President's Rule, raising concerns about federalism.
Educational Institutions
The role of the Governor as the Chancellor of universities in Bihar has sometimes been criticized for delays in appointments and alleged political interference.
Case Studies of Governors Role in Bihar
Governors Role during Political Instability
During periods of political instability in Bihar, such as coalition breakdowns, the Governor's discretion in inviting parties to form the government has been a critical factor.
Impact on Higher Education
Recent Governors have focused on improving the quality of education and administration in Bihars universities.
Reforms and Recommendations
Review of Discretionary Powers
Experts suggest a clearer definition of the Governors discretionary powers to avoid potential misuse and maintain federal harmony.
Strengthening Accountability
Making the Governors office more accountable through structured communication with both the state and central governments.
Limiting Political Appointments
Ensuring that Governors are chosen based on merit and administrative capability rather than political considerations.