Won't amend Constitution to make it mandatory to consult CM on Governor appointment: MHA

The Narendra Modi government on Wednesday made it clear that it is not planning to amend the Constitution to make it mandatory that Chief Ministers are consulted in the appointment of Governors.

It was responding to a query raised by CPI(M) Rajya Sabha MP John Brittas whether the government would consider the recommendation of the Sarkaria Commission that the Governors should be appointed after consultation with the Chief Minister of the respective states and whether it would amend Article 155 to incorporate it.

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"The Government is of the view that the practice of consultation with the state Chief Minister may be followed as a matter of convention, and there does not appear any need to amend Article 155 of the Constitution," Minister of State for Home Nityanand Rai said in a written response.

Article 155 deals with the appointment of Governors and it reads, "the Governor of a State shall be appointed by the President by warrant under his hand and seal."

Responding to the government stand, Brittas said, "such an amendment would have made this proposal obligatory. Government, instead, tried to tone down the subject."

The government's stand comes at a time when several Opposition-ruled states are up in arms against Governors, who are at loggerheads with the state governments.

According to the Sarkaria Commission on Centre-State relations, a Governor should always be appointed after consultation with the Chief Minister and there has never been any difference of opinion in political or public circles as to the desirability of such consultation.

Providing the "precise reasons" why such consultation is essential, it said there has to be a personal rapport between the governor and the Chief Minister for the "proper working" of the Parliamentary system.

"The importance of such rapport will be easily comprehended when it is remembered that the Governor, as the constitutional head, has to act as 'friend, philosopher and guide' of his council of Ministers. It is from this aspect of personal relationship that consultation with the Chief Minister at the initiation itself, may help prevent the choice of a person with whom the Chief Minister for personal reasons may not be able to work satisfactorily," it said.

"Further, from the stand-point of the local socio-political environment, the Chief Minister may be harbouring certain mental reservations against a particular choice being made for the office of Governor of the State. Consultation would enable the Chief Minister to advise the selectors about this at the very beginning," it said.

The Commission also noted that it was "desirable that a politician from the ruling party at the Union is not appointed as Governor of a state which is being run by some other party or a combination of other parties. Any error in this respect can be pointed out by the Chief Minister during consultation at the pre-appointment stage," it said.