Intro: In a recent interview toThe Times of India, Ram Gopal Yadav of Samajwadi Party unconstitutionally articulated that the states should not have a Governor as Governors merely create problems and hurdles in the smooth functioning of the Government.
Ram Gopal Yadav, National Spokesperson and General Secretary of the ruling Samajwadi Party (SP) stated in an interview with The Times of India recently that the states should not have a Governor and that the Governors merely create problems and hurdles in the smooth functioning of the government. This statement comes at a time when the Governors in the present BJP regime at the Centre are acting wisely in accordance with their constitutional role in controlling the affairs of the states. Governors are the representatives of the President of India in their respective states, and the Indian Constitution defines their role and responsibilities in the provisions of Articles 152-161.
No doubt, the remarks of the SP leader came with special reference to UP where his party (family) is ruling the State in the most arbitrary manner. People are already fed up of the corruption, crime, violence, riots, policy of Muslim appeasement and unconstitutional decisions of the UP government.
In Uttar Pradesh, Ram Naik has proved his worth by exercising his constitutional powers in controlling the State government arbitrariness in the matter of governance. Shri Ram Naik as the Governor has made it amply clear that he has not come to UP to rest and receive the post-retirement benefits, that he knows his powers and duties. And that is exactly what he has done during the last four months of his tenure in UP, giving sleepless nights to the CM and his clan in UP.
Following the PM’s policy of Na khayenge na khane denge the UP Governor has changed the face of higher education in UP by appointing the most qualified and honest academicians as Vice Chancellors of the State universities. It is an open secret by now how the past Governors shattered all values in the seats of higher learning by appointing mediocre and corrupt persons as VCs, taking illegal benefits from them. The focus of these VCs had always been to compensate their loss by similar illegal means, destroying the values and academic atmosphere of the universities and affiliated colleges too.
Further, the Governor sought an explanatory memorandum from the Chief Minister and Chief Secretary about the action taken or not taken against four BSP Ministers and eight officers of the previous government in UP on the recommendations made by the Lokayukta. Lokayukta Justice NK Mehrotra had conducted investigations into the complaints against the ministers and government officials during erstwhile BSP regime. The reports were submitted to the State government seeking action under section 12 (3) and 12 (4) of UP Lokayukta Act. But the State government didn’t act on it. Consequently, the Lokayukta wrote to him under section 12 (5), upon which he sought explanatory memorandum from the Chief Minister and the Chief Secretary in accordance with the law.
The Governor of a State is appointed by the President and as per the Constitution of India the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinates to him. The Governor shall have the power to grant pardons, reprieves, etc. It is the Governor who appoints Chief Minister and other Ministers. The Governor also appoints the Advocate General for the State.
The Governor summons and prorogues the House and dissolves the Legislative Assembly. The Governor may address the Legislative Assembly and may send messages to the House.
The Governor assents, withholds assent or reserves for the consideration of the Bill passed by the Legislative Assembly. The constitution provides that no demand for a grant shall be made except on the recommendation of the Governor. The Governor may promulgate the ordinances under certain circumstances. The Governor is consulted for appointment of Judges of High Court.
—Dr Shakti Kumar Pandey from Lucknow