Give States Say In Appointment & Recall Of Governors : Kerala Tells Centre

The Kerala Government has placed before the Central Government several recommendations to amend the Constitution to give power to the State Governments in the appointment and recall of Governors.

Kerala's remarks are made in response to the recommendations made by Justice (retired) Madan Mohan Punchhi Commission constituted by the Government of India in 2007 to suggest reforms in Centre-State relations.

It is noteworthy that the Kerala Government's suggestions have come in the backdrop of increasing differences between the Pinarayi Vijayan-led government and Governor Arif Mohammed Khan. This development also assumes relevance in view of the tussles between Governor and elected governments in other States such as Tamil Nadu, West Bengal and Maharashtra.

Highlights of Kerala's recommendations :

Governors be appointed only with the consent of the State

Article 155 of the Constitution need an amendment in such a way that "the Governor of a State shall be appointed by the President in consultation with the State concerned and the appointment shall be effected from a panel furnished by the State Government".

States should have power to recommend the recall of the Governor

An amendment to Article 156 of the Constitution to empower the Legislative Assembly of the State to recommend in the matter of recall of the Governor. if he is found violating the principles of the Constitution while discharging his Constitutional and statutory functions such as the Chancellor of the Universities and prosecution sanction authority of Council of Ministers under the Prevention of Corruption Act.

Fix a time limit for Governor to give assent to Bills

Kerala has pointed out there is no specific time limit mentioned in Article 200 for the Governor to give assent to Bills passed by the Legislature.

"Absence of a specific time limit may sometime cause inordinate delay in getting back a Bill. This is purely against the Constitutional spirit as to "separation of powers" and may sometimes thwart the legislative wisdom", Kerala commented.