Role of Governors in the Indian Constitution

The Supreme Court of India's judgment on Governors' roles and the advisory given by the Constitutional Bench concerning the 16th Presidential reference have reignited discussions on the Constitution's intentions. The debates from the Constituent Assembly and Dr. B.R. Ambedkar's clarifications during these discussions are crucial for understanding the role envisioned for Governors in India.

Constituent Assembly Debates

• The role and powers of a Governor were extensively debated. Concerns were raised about the impartiality of nominated Governors, fearing they might be 'remote-controlled' by the central government, similar to provincial governors under the Government of India Act, 1935.
• Dr. Ambedkar clarified that the Governor was not intended to be an agent of the Centre but was to act on the advice of Ministers, supporting the parliamentary system rather than rivaling the elected Ministry.

Discretionary Powers of the Governor

• Concerns mirrored the 1935 Act, but Dr. Ambedkar emphasized that the Governor's discretion was very limited to specific circumstances like selecting a Chief Minister after elections.
• The Constitution was designed to prevent Governors from becoming 'interfering authorities'.

Governor's Assent to Bills

• Debates highlighted that a Bill passed by an elected Legislature should not be at the mercy of a nominated Governor.
• Dr. Ambedkar assured that the reservation of Bills for Presidential consideration was not a discretionary power of the Governor, but a formal role in limited cases, especially where constitutional provisions or the Centre's position might be impacted.

Role During Emergencies

• Dr. Ambedkar stated that Governors have no special powers during emergencies and must act on the Council of Ministers' advice.
• The Governor's position is intended to be ceremonial and supportive rather than authoritative or independent.

Current Challenges and Interpretations

• There's a growing concern that some Governors are acting contrary to the Constitution’s intentions, leading to conflicts with elected states.
• K.R. Narayanan's reflection on whether it is the Constitution or its interpreters who have failed remains pertinent. Misinterpretations of phrases like 'as soon as possible' to mean 'as late as possible' suggest a need for judicial intervention to uphold constitutional values.

In summary, the intended role of Governors is to support the democratic process within states, following the advice of elected bodies, rather than acting independently or as agents of the central government. The current misalignments highlight the need for both constitutional fidelity and judicial oversight to ensure governance adheres to the spirit of the Constitution.