Can a Governor Become a Member of a Political Party? – Tamilisai Soundarajan

 A discussion about the constitutional role of a governor's political ties has been spurred by the departure of Telangana Governor Tamilisai Soundararajan. In order to provide impartial governance, the governor's job is to serve as a liaison between the federal government and the state while remaining politically neutral. The decision to return to active politics after resigning, however, raises concerns about the constitutional clauses, guidelines, and protocols that control this kind of transition.

Constitutional Provisions and Political Neutrality

A governor's political background is not expressly forbidden under the Indian Constitution. As a matter of fact, governors are frequently people with political ties or former lawmakers. Once selected, though, they must operate impartially and cut any political links. According to Articles 153 to 167 of the Indian Constitution, the governor's function is primarily ceremonial, with the elected state government holding actual executive authority.

 

• Article 153: A Governor is appointed for each state of India.
• Article 154: The executive power of the state is vested in the Governor.
• Article 155: The Governor is appointed by the President of India.
• Article 156: The Governor holds office for a term of five years but can be removed earlier by the President.
• Article 157: A Governor must be a citizen of India and at least 35 years old.
• Article 158: The Governor cannot be a member of the legislature or hold any other office of profit.
• Article 159: The Governor takes an oath to preserve, protect and defend the Constitution and the law.
• Article 160: The President can make provisions for the discharge of the Governor’s functions in certain contingencies.
• Article 161: The Governor has the power to grant pardons, reprieves, respites, or remissions of punishment.
• Article 162: The extent of executive power of the state extends to matters with respect to which the legislature of the state has power to make laws.
• Article 163: The Governor has the aid and advice of the Council of Ministers, headed by the Chief Minister, for exercising their functions.
• Article 164: The Chief Minister and other ministers are appointed by the Governor and are collectively responsible to the Legislative Assembly of the state.
• Article 165: The Advocate General for the state provides legal advice to the government of the state.
• Article 166: All executive actions of the government of a state are formally taken in the name of the Governor.
• Article 167: The Chief Minister is responsible for communicating all decisions of the Council of Ministers to the Governor and furnishing information as the Governor may call for.

The Governor’s Resignation: Rules and Procedures

A governor may step down at any moment by sending a resignation letter to India's president. The President may choose to accept the resignation based on advice from the national government. While there isn't a set process for a governor to go from serving as governor to actively participating in politics, resigning expresses the desire to give up the constitutional office and the obligations that come with it.

The Case of Tamilisai Soundararajan

The BJP candidate Soundararajan's resignation and probable candidacy in the next Lok Sabha elections demonstrate the blurring of lines between political aspirations and constitutional duties. Although a governor cannot be prevented under the constitution from joining a political party after resigning, the timing and circumstances of such a move may draw criticism from the public and raise ethical and legal questions.

While the Constitution does not forbid governors from entering politics again, it is crucial that they preserve the dignity and impartiality of the office while in office. The governorship is a position of trust and neutrality. It is important to handle the governor's transition into a political contender in a way that maintains public confidence in the independence of the office and the democratic process in general.