Governor

 GOVERNOR

The Constitution of India provides for an office of the Governor in states. Usually, there is a Governor for each state, but the Constitution (Seventh Amendment) Act of 1956 facilitated the appointment of the same person as a Governor for two or more states.

A Governor is the chief executive head of a state. But like the President of India, he is a nominal executive head (or titular or constitutional head). The Governor also acts as an agent of the Central Government and therefore, the office of the Governor has a dual role.

Appointment and Conditions

A Governor is appointed by the President of India by warrant under his hand and seal. His usual term of office is five years but he holds office during the pleasure of the President. He can also resign anytime by addressing his resignation to the President.

The Constitution lays down the following two qualifications for the appointment of a person as a Governor.

(i) He should be a citizen of India.

(ii) He should have completed the age of 35 years.

Additionally, two conventions have also developed in this regard over the years. First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics. Second, while appointing the Governor, the President is required to consult the Chief Minister of the state concerned, so that the smooth functioning of the constitutional machinery in the state is ensured. However, both the conventions have been violated in a few cases.

Further, the Constitution lays down the following conditions for Governor's office.

(i) He should not be a member of either houses of Parliament or of a house of the state legislature.

(ii) He should not hold any other office of profit.

(iii) His emoluments, allowances and privileges shall be determined by the Parliament of India. (

(iv) When the same person is appointed as the Governor of two or more states, the emoluments and ( allowances payable to him shall be allocated among the states in such proportion as determined by President of India.

(v) His emoluments and allowances should not be diminished during his term of office. The oath of office to a Governor is administered by the Chief Justice of the concerned state High Court and in his absence, the senior-most judge of that court available.

Powers and Functions

A Governor possesses executive, legislative, financial and judicial powers analogous to the President of India. However, he has no diplomatic, military or emergency powers like the President. The powers and functions of the Governor can be studied under the following heads.

(a) Executive Powers

(b) Legislative Powers

(c) Financial Powers

(d) Judicial Powers

Executive Powers The executive powers and functions of the Governor are:

(i) All executive actions of the government of a state are formally taken in his name. (ii) He can make rules specifying the manner in which the orders and other instruments made ang executed in his name shall be authenticated.

(ii) He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.

(iv) He appoints the Chief Minister and other ministers. They also hold office during his pleasure. There should be a tribal Welfare Minister in the states of Bihar, Madhya Pradesh and Orissa appointed by him.

(v) He appoints the Advocate-General of a state and determines his remuneration. The Advocate-Geneni holds office during the pleasure of the Governor.

(vi) 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 by the President (on the recommendation of the Parliament) and not by the governor.

(vii) He appoints the chairman and members of the State Public Service Commission. However, they can be removed only by the President of India and not by a Governor.

(viii) He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief minister.

(ix) He can require the chief minister to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

(x) He can recommend the imposition of constitutional emergency in a state to the President. During the period of President's rule in a state, the governor enjoys extensive executive powers as an agent of the President.

(xi) He acts as the Chancellor of universities in the state. He also appoints the Vice-Chancellors of

universities in the state.

Legislative Powers A Governor is an integral part of the state legislature. In this capacity, he enjoys the following legislative powers.

(i) He has the right of summoning or proroguing the state legislature and dissolving the State Legislative Assembly.

(ii) He can address the state legislature at the commencement of the first session after each general election and the first session of each year.

(iii) He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.

(iv) He can appoint any member of the State's Legislative Assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant.

(v) He nominates one-sixth of the members of the state Legislative Council from amongst the persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.

(vi) He can nominate one member to the state Legislative Assembly from the Anglo-Indian Community, (vii) He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

(vii) When a bill is sent to the Governor after it is passed by state legislature, he has the following options.

(i) Give his assent to the bill, or

(ii) Withhold his assent to the bill, or

(iii) Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, a Governor has to give his assent to the bill, or

(iv) Reserve the bill for the consideration of the President.

(ix) He must reserve for the consideration of President, any bill passed by the state legislature which endangers the position of the State High Court. In addition, as indentified by Soli Sorabji, the Governor can also reserve the bill if it is of the following nature.

(1) Ultra-vires, that is, 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.

(x) He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime.

(xi) 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. Financial Powers The financial powers and functions of the Governor are:

(1) He sees that the Annual Financial Statement (State budget) is laid before the State Legislature.

(ii) Money Bills can be introduced in the state legislature only with his prior recommendation.

(iii) No demand for a grant can be made except on his recommendation.

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

(v) He constitutes a Finance Commission after every five years to review the financial position of the panchayats and the municipalities.

Judicial Powers The judicial powers and functions of the Governor are:

(1) He can grant pardons, reprives, 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. The pardoning power of the Governor differs from that of the

President in following respects.

(a) The President can pardon death sentence while the Governor cannot.

(b) The President can pardon sentences inflicted by court martial while the Governor cannot.

(ii) He is consulted by the President while appointing the judges of the concerned state High Court.

(iii) He makes appointments, postings and promotions of the district judges in consultation with the state High Court.

(iv) 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.

Constitutional Position

The Constitution of India provides for a parliamentary form of government in the executas is in the Centre. Consequently, the Governor has been made only a nominal executive, the real executive constitutes the Council of ministers beaded by the Chief Minister. In other words, the Governor has to exercise his powers and functions with the aid and advise of the council of ministers headed by the Chief Minister.

However, the Governor can act in his discretion in the following cases.

 (i) Reservation of a bill for the consideration of the President.

(ii) Recommendation for the imposition of the President's rule in the state. (iii) While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).

(iv) Determining the amount payable by the government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration (Sixth Schedule).

(v) Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state.

(vi) Appointing of Chief Minister when no party has a clear cut majority in the state legislature.

(vii) Dismissal of the Council of ministers when it cannot prove the confidence of the state Legislative Assembly.

(viii) Dissolution of the state Legislative Assembly if the council of ministers has lost its majority. In addition, the Governor has certain special responsibilities to discharge according to the directions issued by the Pressident. In this regard, the Governor, though has to consult the council of ministers led by the Chief Minister, acts finally in his individual judgement or discretion. They are as follows:

(i) Maharashtra-Establishment of separate development boards for Vidarbha and Marathwada.

(ii) Gujarat Establishment of separate development boards for Saurashtra and Kutch.

(iii) Nagaland With respect to law and order in the state for so long as the internal disturbance in the Naga Hills Tuensang Area continues.

(iv) Assam-With respect to the administration of tribal areas.

(v) Manipur-Regarding the administration of the hill areas in the state.

(vi) Sikkim-For peace and for ensuring social and economic advancement of the different sections of the population.

(vii) Arunachal Pradesh-With respect to law and order in the state.

Thus, the Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e., President).

 153                  Governors of states

154                   Executive power of state

155                    Appointment of Governor

156                    Term of office of Governor

157                        Qualifications for appointment as Governor Conditions of Governor's office

158                        conditions of governors of office                   

 159                    Oath or affirmation by the Governor

160                        Discharge of the functions of the Governor in certain contingencies

161                        Power of the Governor to grant pardons and others

162                        Extent of executive power of state

163                        Council of ministers to aid and advise the Governor

164                        Other provisions as to ministers like appointments, term, salaries, and others.

165                        Advocate-General for the state

166                         Conduct of business of the government of a state

167                         Duties of the Chief Minister regarding furnishing of information to the Governor,                                     and so on

174                            Sessions of the state legislature, prorogation and dissolution

175                            Right of the Governor to address and send messages to the house or

                                     houses of state legislature

176                                Special address by the Governor

200                                Assent to bills (i.e. assent of the Governor to the bills passed by the state                                                    legislature)

201                                    Bills reserved by the Governor for consideration of the President.

213                                        Power of Governor to promulgate ordinances

217                                        Governor being consulted by the President in the matter of the                                                                 appointments of the judges of the High Courts.

233                                        Appointment of district judges by the Governor

234                                    Appointments of persons (other than district judges) to the judicial service of                                             the state by the Governor.