New Delhi, Jul 16: The post of Governor of states should be abolished as the existing federal democratic structure does not warrant its continuance, Bihar Chief Minister Nitish Kumar said today.
His remarks at the Inter-State Council meeting chaired by Prime Minister Narendra Modi came against the backdrop of the Supreme Court's severe criticism of the Arunachal Pradesh Governor over dismissal of the Congress government in the state and some opposition-ruled states accusing the occupants in Raj Bhawans of working politically at the Centre's behest.
The JD(U) President added that if it is not possible to do away with the constitutional post, the discretionary powers that go with it be curtailed. He also said the Chief Minister of a state should have a role in the appointment and removal of the Governor.
"Existing federal democratic structure does not warrant continuance of the gubernatorial post. However, if it is not possible to do away with it, then our opinion is that provisions relating to the appointment of Governor must be clearly defined and made transparent.
"Besides, the Chief Minister of the state should also be consulted and the criteria laid down by Sarkaria Commission should be followed in the Governor's appointment.
The propensity to change the Governor, whenever a new Government is formed must be curbed by making constitutional provisions," he said. The state's Chief Minister must be formally consulted before removal of incumbent Governor and, if required, Article 155 of the Constitution may be amended to provide for such consultation, he added, according to an official statement.
Referring to the Punchhi Commission report on the Centre- state relations, he said it has also recommended that for a Chief Minister's removal, the Governor must give the Leader of the House an opportunity to prove majority on the floor of the House.
"This must be followed in letter and spirit," he said. The Modi government's decision to impose President's Rule in Arunachal Pradesh and Uttarakhand invited criticism that it misused constitutional provisions. The apex court's verdicts in both the cases led to the restoration of Congress governments.