Recently issues have arisen in various States between Chief Ministers and Governors, with regard to the passing of Bills. Chief Ministers feel that Governors have not acted for an unduly long period of time on Bills presented for their assent. This is a tricky situation for a parliamentary democracy, where the people elect a government to enact laws which reflect their will. If an elected government cannot legislate, it could lead to a breakdown of parliamentary democracy.
Governor’s role
The Legislature of a State comprises the Governor and the Legislative Assembly (if the State has one House) and a Legislative Council (if the State has two Houses). The Governor has little autonomy in his functioning — it is a settled legal position that he can act only on the “advice” of his Council of Ministers, with the Chief Minister as the head of the Council. The intention of the framers of the Constitution was for the President or Governor to act only on the advice of the Council of Ministers. Actual governance of the country/State is by the Prime Minister or the Chief Minister as the case maybe.
