Governors of State in India (Indian Constitution)

Governor

Article 153 states that there shall be a Governor for each state.

Article 154 states that the executive power of the state is vested in him and is exercised by him either directly or through officers subordinate to him.

Note: Same person can be appointed as Governor for 2 or more states was added by 7th amendment act 1956.

Qualifications:  (article 157 & 158):

He must be –

•A citizen of India.

•Has attained 35 years of age.

•Not a member of parliament or state legislature.

•Not hold any office of profit under the government.

Appointment & Tenure (Article 155 & 156)

•Governor of a State is appointed by the President.

•Hold office during the pleasure of the President.

•May resign by submitting his resignation to the President. Otherwise the normal term of his office is 5 years.

•Grounds for removal of the Governor are not mentioned in the Constitution; however he must be involved in the gross delinquency like bribery, treason or violation of the Constitution for such an action.

•A President may transfer a Governor appointed to one State to another State for rest of the term.

•A Governor whose term has expired may be reappointed in the same State or any other State.

Oath (Article 159):

•The Governor and every person discharging the functions of the Governor is to take an oath or affirmation before the Chief Justice of the High Court of that state, or in his absence, the senior-most judge of that court available.

Note: Article 160 gives the president the power to make such provision as he thinks fit for the discharge of the functions of the Governor in any contingency not provided for in the Constitution.

Conditions for office:

•His emoluments, allowances and privileges are determined by parliament by law.

•The emoluments are charged on the Consolidated Fund of India and cannot be diminished during his term of office.

•If the same person acts as Governor of 2 or more states, the Constitution provides that President may decide about the allocation of emoluments of Governor among states proportion wise (Article 158(3A)).

Powers of Governor

Executive Powers:
•All executive actions of the state are to be taken in the name of the Governor. He acts as a representative of President in the state.
•He has power to recommend President that the government of the state cannot be carried on in accordance with the provisions of the Constitution. This leads to the imposition of President rule in the State under Article 356.
•All major appointments in the state are made by the Governor.
•He is the Chancellor of various universities in the state and appoints their Vice-Chancellors.

Legislative Powers:
•He summons the house(s) of the legislature of state.
Note: 6 months must not lapse between the last sitting in one session and the first in the next session.
•He may prorogue the house(s) and dissolve the legislative assembly.
•He has right to reserve certain bills for the assent of the President [Article 200].
•He nominates 1/6th of the members of Legislative Council having special knowledge in literature, science, arts, cooperative movement and social service.
•Decides on the question of disqualification of a member of State Legislature in consultation with Election Commission.
•His most important power is the ordinance making power [Article 213].
•The ordinances have to be approved by the state legislature.
•Submission of reports from Auditor General, State Public Service Commission, State Finance Commission, etc. before the Legislature.

Discretionary Powers:
•Though in most of the matters he has to act on the advice of Council of Ministers, but there are some matters in which he can act according to his discretion.
•He selects the CM if no party has clear-cut majority.
•Dismissal of Ministry if he is convinced that it has lost majority support.
•Dissolving the Legislative Assembly.
•Reservation of certain bills for the consideration of the President (Article 200).
•Submission of report to the President regarding failure of constitutional machinery in the State.

Financial Powers:
•A money bill cannot be introduced in the Legislative Assembly of the State without the recommendation of the Governor.
•No demand of grants can be made except on the recommendation of the Governor.
•The Governor introduces “annual financial statements”, that is “Budget” before the house or houses of the legislature [Article 202].
•He constitutes a finance commission after every five years to review the financial position of the panchyats and the municipalities.
•He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

Judicial Powers:
•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.
•He is consulted by the president while appointing the judges of the concerned state high court.
•He makes appointments, postings and promotions of the district judges in consultation with the state high court.
•He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.