Raj Bhavan needs radical reforms
- The conduct of Governors in several states has raised concerns about their adherence to constitutional morality.
- The recent incident involving the Governor of Kerala has prompted discussions on the legal consequences of such behaviour and the need for systemic changes in the appointment process.
Constitutional Morality and Public Conduct
- While the Constitution outlines the functions, powers, and duties of Governors, it cannot be expected to govern individual behaviour explicitly.
- However, the notion of constitutional morality should govern Governors in their public conduct.
- In NCT of Delhi v. Union of India (2018), the Supreme Court emphasised the need to identify the “moral values of the Constitution” based on a notion of “constitutional culture”.
- It said that “constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices”.
Limited Immunity for Governors
- Article 361 of the Constitution provides limited and conditional immunity for Governors.
- It states that Governors are not answerable to any court for the exercise of their powers and duties.
- However, this immunity does not extend to misbehaviour unrelated to official duties.
- The Supreme Court, in Rameshwar Prasad v. Union of India (2006), affirmed that the whimsical conduct of the Governor is amenable to judicial review.
Legal Liability for Extra-Constitutional Gestures
- The recent case of Kaushal Kishor vs State of Uttar Pradesh (2023) addressed the freedom of expression of public functionaries.
- The Court affirmed that the personal liability of public functionaries exists for matters unconnected with their public duty such as crimes or offences like defamation.
Commission Reports and Systemic Changes
- The Sarkaria Commission Report (1988) and the Punchhi Commission report (2010) have criticised the conduct of some Governors.
- Suggested recommendations include
- Ensuring the detachment of Governors from local politics
- Refraining from burdening the Governors with additional powers
- Improving the selection process of the Governors
Way Forward
- The Article 155 of the Constitution should be amended to ensure consultation with the Chief Minister in the appointment of Governors.
- An independent body for selecting the Governor potentially involving the Chief Justice of India might improve the quality of the selection process.
- Legal prohibitions should be introduced against further rehabilitation of Governors in any official capacity.