Governor of State

(Article 153 to 234 of Part VI of Indian Constitution)

· Articles 153 to 234 in Part VI of the Constitution deal with the state executive.

· The State Executive consists of the Governor of State, the Chief Minister, the Council of Minister and the Advocate General of the State.

· It is stated that the Governor has a dual role.

a.    He is the constitutional head of the state, bound by the advice of his council of ministers.

b.    He functions as a vital link between the Union Government and the State Government.

 

 

Powers and Functions of Governor of State

·  The Powers and Functions of the Governor of State are similar to President and can be classified under the following –

a.    Executive powers – related to administration, appointments and removals.

b.    Legislative powers – related to law-making and the state legislature.

c.    Financial powers – related to the Finance of the State.

d.    Judicial powers – affiliated with power to grant pardons and respites.

·  But, he does not have Diplomatic, Military or emergency powers as like the President.

Executive Powers

· The Executive Powers and Functions of the Governor of State includes –

a.  All the executive functions in the State are carried on in the name of the Governor.

b. Appoints the Chief Minister and on Chief Minister’s advice appoints the members of the Council of Ministers of the State. They also hold office during his pleasure.

c. He Appoints the Advocate General of the State. The advocate general holds office during the pleasure of the governor.

d.  He appoints the Chairman and members of the State Public Service Commission on advice of the Chief Minister. However, they can be removed only by the president and not by a governor.

e. He appoints the state election commissioner and determines his conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.

f.   While discharging all his functions as the Head of the Executive in the State, the Governor like the President, is advised by the Council of Ministers headed by the Chief Minister.

g. He can seek any information relating to the administration of the state and suggestions for legislation from the chief minister.

h. He can recommend the imposition of constitutional emergency in a state to the president. During President’s Rule, the Governor enjoys extensive Executive Powers.

i.  He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.

 

Legislative Powers

· The Legislative Powers and Functions of the Governor of State includes –

a.  The Governor summons and prorogues the State Legislature.

b.  He/she can dissolve the State Legislative Assembly on the recommendation of the Council of Ministers headed by the Chief Ministers.

c.  He can address the session of the State Legislative Assembly at the commencement of the first session after each general election and the first session of each year.

d.  He can send messages to either or both Houses, with respect to the pending bills.

e. He may nominate one member of the Anglo Indian Community to the State Legislative Assembly, if he/she is satisfied that, the said community is not adequately represented.

f.   In States with bicameral legislature, the Governor can further nominate one-sixth members of the total strength of the Legislative Council, persons with special knowledge or practical experience in matters of literature, art, science, cooperative movement and social service.

g.  He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint a member to preside in case of Legislative Council, if Chairman and Deputy Chairman fall vacant.

h.  He decides on the question of disqualification of members of the state legislature with advice of the Election Commission.

i.   He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the accounts of the state, before the state legislature.

j.  The assent of the Governor is necessary for a bill to become a law. In this regard, the Governor has the following options when he receives a bill for his consideration –

1.   He can give his assent to the bill

2.   He can withheld the assent to the bill

3. He can return the bill (if not money bill) for reconsideration to the State Legislature. However, if it passes the bill in its original shape again or in a modified form, the Governor has to give the assent to the bill;

4. He can reserve the bill for the consideration of the President. The Governor can reserve the bill in following cases –

                                                                                                    i.    Against the provisions of the Constitution.

                                                                                                   ii.    Opposed to the Directive Principles of State Policy.

                                                                                                 iii.    Against the larger interest of the country.

                                                                                                 iv.    Of grave national importance.

                                                                                                   v.    Dealing with compulsory acquisition of property under Article 31A of the Constitution.

k. The Governor also has the power to issue ordinances when the State Legislature is not in session. But, the ordinance has to be placed before the State Legislature when it assembles again for the next session. Such ordinance ceases to be effective after six weeks.

Financial Powers

· The Financial Powers and Functions of the Governor of Stateare –

a.    He lays before the legislature annual financial statement (state budget)

b. Prior recommendation of Governor is required for introduction of Money bills in the state legislature.

c.    No demand for a grant can be made except on his recommendation.

d. He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

e. He constitutes a finance commission every 5 years to review the financial position of the panchayats and the municipalities.

Judicial Powers

· The Judicial Powers and Functions of the Governor of State are –

a.   He is consulted by the President when the judges of the State High Court are appointed.

b. He makes appointments, postings and promotions of the district judges in consultation with the state high court.

c.  He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

Discretionary Powers

· The governor can use these powers –

a.   When no party gets a clear majority, the governor can use his discretion in the selection of chief ministerial candidate to prove the majority as soon as possible.

b.   He submits reports on his own to the president or on the direction of the president regarding the affairs of the state.

c.    He can withhold his assent to a bill and send it to the president for his approval.

d. During an emergency rule, governor can override the advice of the council of ministers if specifically permitted by the president only.

 

So, this was all about the Powers and Functions of the Governor of State. If you want to read about the Functions and Powers of President of India – Click Here.

In the Next Post (Click Here), we will study in detail about the Chief Minister of the State. If you liked our Notes, do Subscribe our Facebook Page to get regular updates.