GOVERNOR

Meaning

The Constitution of India provides for an office of the Governor in each state. Usually, each state has a Governor, but the Seventh Amendment Act of 1956 allows the same person to serve as Governor for two or more states.

A Governor is the chief executive head of a state but, like the President of India, acts as a nominal, titular, or constitutional head. The Governor also functions as an agent of the Central Government, giving the office a dual role.

Appointment and Conditions

• A Governor is appointed by the President of India by warrant under his hand and seal.

• Term: Usually five years, but holds office during the pleasure of the President.

• Resignation: Can resign anytime by addressing the President.

Constitutional Qualifications:
(i) Must be a citizen of India.
(ii) Must have completed 35 years of age.

Conventions:

1. Should be an outsider (not from the state) to remain free from local politics.

2. President should consult the Chief Minister of the state before appointment for smooth functioning.
   Note: Both conventions have occasionally been violated.

Additional Conditions:
(i) Must not be a member of Parliament or state legislature.
(ii) Must not hold any other office of profit.
(iii) Emoluments, allowances, and privileges are determined by Parliament.
(iv) If serving as Governor of multiple states, emoluments are allocated by the President.
(v) Emoluments and allowances cannot be diminished during the term.

• Oath of office: Administered by the Chief Justice of the state High Court, or in their absence, the senior-most judge.

Powers and Functions

A Governor has executive, legislative, financial, and judicial powers, similar to the President of India, but lacks diplomatic, military, or emergency powers.

Executive Powers:
(i) All executive actions of the state are taken in the Governor’s name.
(ii) Can make rules for authentication of orders and instruments.
(iii) Can make rules for convenient transaction of state business and allocation among ministers.
(iv) Appoints the Chief Minister and other ministers, who hold office during his pleasure; in Bihar, Madhya Pradesh, and Orissa, appoints a Tribal Welfare Minister.
(v) Appoints the Advocate-General and determines remuneration; serves at Governor’s pleasure.
(vi) Appoints State Election Commissioner; removal only by President.
(vii) Appoints Chairman and members of State Public Service Commission; removal only by President.
(viii) Can seek information relating to administration and legislation from the Chief Minister.
(ix) Can require the Chief Minister to place matters before the Council of Ministers.
(x) Can recommend imposition of constitutional emergency to the President; enjoys extensive powers during President’s rule.
(xi) Acts as Chancellor of state universities and appoints Vice-Chancellors.

Legislative Powers:
(i) Can summon, prorogue, or dissolve the state legislature.
(ii) Can address the legislature at the first session after general elections and at the first session of each year.
(iii) Can send messages regarding bills pending in the legislature.
(iv) Can appoint a member of Legislative Assembly to preside when Speaker and Deputy Speaker offices are vacant.
(v) Can nominate one-sixth of Legislative Council members from persons with special knowledge or experience in literature, science, art, cooperative movement, or social service.
(vi) Can nominate one member of Legislative Assembly from the Anglo-Indian community.
(vii) Decides on disqualification of members in consultation with the Election Commission.
(viii) When a bill is passed by the legislature, the Governor can:

• Give assent,

• Withhold assent,

• Return the bill (if not a money bill) for reconsideration, or

• Reserve the bill for President’s consideration.

• Must reserve bills for President if they:
  (i) Endanger the position of State High Court,
  (ii) Are ultra-vires,
  (iii) Contravene Directive Principles,
  (iv) Are against national interest,
  (v) Deal with compulsory acquisition under Article 31A.

(ix) Can promulgate ordinances when the legislature is not in session; ordinances must be approved within six weeks of reassembly and can be withdrawn anytime.
(x) Lays reports of State Finance Commission, State Public Service Commission, and Comptroller and Auditor-General before the legislature.

Financial Powers:
(i) Ensures the Annual Financial Statement (State budget) is laid before the legislature.
(ii) Money Bills can only be introduced with the Governor’s prior recommendation.
(iii) No demand for a grant without the Governor’s recommendation.
(iv) Can make advances from the Contingency Fund for unforeseen expenditure.
(v) Constitutes a Finance Commission every five years to review panchayat and municipality finances.

Judicial Powers:
(i) Can grant pardons, reprieves, respites, and remissions; can suspend, remit, or commute sentences within state jurisdiction.

• Difference from President:
  (a) Cannot pardon death sentences,
  (b) Cannot pardon court-martial sentences.

(ii) Consulted by the President in appointing High Court judges.
(iii) Makes appointments, postings, and promotions of district judges in consultation with the state High Court.
(iv) Appoints judicial service personnel (other than district judges) in consultation with the High Court and State Public Service Commission.

Constitutional Position

The Constitution of India provides for a parliamentary form of government in the states, similar to the Centre. Consequently, the Governor is only a nominal executive, while the real executive is the Council of Ministers headed by the Chief Minister. The Governor exercises powers and functions with the aid and advice of the Council of Ministers.

However, the Governor can act in discretion in the following cases:
(i) Reservation of a bill for consideration of the President.
(ii) Recommendation for the imposition of President’s rule in the state.
(iii) While exercising functions as administrator of an adjoining Union Territory (if given additional charge).
(iv) Determining amounts payable by the governments of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalty from mineral licenses (Sixth Schedule).
(v) Seeking information from the Chief Minister regarding administrative and legislative matters.
(vi) Appointing the Chief Minister when no party has a clear majority in the legislature.
(vii) Dismissing the Council of Ministers if it cannot prove the confidence of the Legislative Assembly.
(viii) Dissolving the Legislative Assembly if the Council of Ministers loses its majority.

In addition, the Governor has certain special responsibilities under the directions of the President, where he acts in individual judgment or discretion after consulting the Council of Ministers:
(i) Maharashtra – Establishment of separate development boards for Vidarbha and Marathwada.
(ii) Gujarat – Establishment of separate development boards for Saurashtra and Kutch.
(iii) Nagaland – Law and order in the state while internal disturbance in Naga Hills Tuensang Area continues.
(iv) Assam – Administration of tribal areas.
(v) Manipur – Administration of hill areas.
(vi) Sikkim – Ensuring peace and social-economic advancement of different sections.
(vii) Arunachal Pradesh – Law and order in the state.

Thus, the Governor has a dual role in the Indian federal system: he is the constitutional head of the state as well as the representative of the Centre (President).