A former judge of the Supreme Court of India and a former Indian Army commander are among the new governors of states appointed by the Center on Sunday. The governors of several states and the lieutenant governor of a union territory were also reshuffled. In recent years, governors have tried to play a political role in states such as Jharkhand, Kerala, Tamil Nadu and West Bengal, creating a series of controversies. For good reason, the roles of the military and judiciary are also a subject of interest, particularly in relation to their relationship with the political executive. Apart from the debate on the collegium system of judges appointing judges, the keenness of the executive government to control judicial appointments is evident. It has delayed and expedited select appointments recommended by the collegium, effectively exercising powers it does not have in the appointment of judges. The Bharatiya Janata Party (BJP) has also faced allegations of using the armed forces to advance its political narrative. Earlier too, retired police and intelligence officers went on to occupy Raj Bhavans, but it was the appointment of a retired Chief Justice of India (CJI) as governor in 2014 that set a new precedent. Another retired CJI nominated to Rajya Sabha in 2020 has raised eyebrows.
The institution of the governor is a legacy of the British imperial governance structure. The legitimacy of a nominated governor in a democracy was hotly debated in the Constituent Assembly, but was nevertheless carried into the new republic. The Governor was to act as a dynamic link between the Center and the State, but the framers of the Constitution were clear that the posts should remain rhetorical, except in very narrowly defined situations in which they were allowed discretion in decision-making. Over the decades, the excess of governors has become a serious question in Centre-State relations and democracy in general. The BJP’s dominance at the Center since 2014 has fueled renewed tensions with the states. The BJP has a vision of national unity that causes concern among regional interest groups. The office of governor was to be adorned by the personality of those who would hold it. Opening it as a post-retirement possibility for those who need to stay away from partisan politics in their current roles undermines the dignity of the offices they leave behind and those they occupy.