Introduction

The ceremonial head of the state, the Governor plays a crucial role in the administration by exercising powers related to the executive, legislative, and judicial spheres. While the Governor’s role is largely symbolic, they serve as an important link between the central government and the state government, ensuring the smooth functioning of governance and upholding the principles of federalism in India.

Constitutional Provisions and Roles of the State Executive in India

• Constitutional Provisions: Articles 153 to 167 in Part VI
• State Executive: Governor, CM, CoM, Advocate General of State.
• Chief executive head of the state.
• The office of the Governor has a dual role.
  • The Governor is a constitutional (nominal) head.
  • Agent of the central government.

Appointment and Role of Governors in Indian States

• Method of appointment: He is neither elected directly by the people nor indirectly elected by a specially constituted electoral college.
  • He is the central nominee, appointed by the President by warrant under his seal.
• Canadian Model: The governor of a province (state) is appointed by the Governor-General (Centre).
  • India adopted the Canadian Model of appointment of Governor by the center.
• Origins in GOI Act 1935: The Institution of Governor borrowed from GOI Act 1935.
• 7th CAA (1956): Facilitated the appointment of the same person as a governor for two or more states.
• Supreme Court (Hargovind Pant Case, 1979): Office of the governor of a state is not an employment under the Central government.
  • It is an Independent constitutional office, not under the control of or subordinate nor an employment under the Central government.
• Draft Constitution: Provided for the direct election of the governor on the basis of universal adult suffrage.
• Limitations on Governor’s Powers: Governor has no diplomatic, military or emergency powers like the president.

Qualifications and Conditions of Office for Governors in Indian States

• Constitutional Provisions:
  • Citizen of India.
  • Completed 35 years of age.
• Two Conventions:
  • Preferably an ‘Outsider’ and should not belong to the state where he is appointed.
  • While appointing the governor, the president is required to consult the CM of the state concerned.
  • However, both the conventions have been violated in some of the cases.
• Oath (Article 159): Oath administered by the Chief Justice of HC of the concerned state and in his absence, the senior-most judge of that court.
• Condition of Office: Not a member of either house and not hold any other office of profit.
• Emoluments, Allowances and Privileges:
  • Determined by Parliament.
  • Cannot be diminished during his term of office. [UPSC 2018]
  • Immune from criminal proceedings (even if personal) [UPSC 2018]
  • Cannot be arrested or imprisoned.
  • 2 Month’s notice in civil proceedings during term of office in respect of his personal acts.
  • When appointed as Governor of two or more states, allowances shared by the states in such proportion as determined by the president. [UPSC 2013]
  • Enjoys personal immunity from legal liability for his official acts.

Governor’s Term and Contingency Provisions in Indian States

• Term: 5 years, subject to the pleasure of the President.
  • Surya Narain Case (1981): Pleasure of the President is not justiciable.
    • So, no security of tenure and no fixed term of Office.
• Resignation: To President.
• Transfer: The President may transfer a Governor appointed to one state to another state for the rest of the term.
• Reappointed: Maybe in the same state or any other state.
• Hold office beyond his term until his successor assumes charge to prevent ‘Interregnum’
• Contingency Provision: The President can 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.
• Removal: The Constitution does not lay down any grounds upon which a governor may be removed by the President. [UPSC 2013]

Powers and Functions of Governors in Indian States

Veto Power

• For ordinary bills, the governor has four alternatives:
  • He may give his assent to the bill.
  • He may withhold his assent to the bill, the bill then ends.
  • He may return a bill for reconsideration of the Houses. If the bill is passed again, the governor must give his assent.
  • He may reserve the bill for the consideration of the President.
• Governor can also reserve a bill if it is:
  • Endangers the position of the state high court;
  • Against provisions of the Constitution;
  • Opposed to the DPSP; of grave national importance; compulsory acquisition of property.
• President Consideration of Ordinary Bill:
  • Governor has no further role after reserving the bill.
  • President may give assent or return the bill to legislature, but it must then be sent back to the President again.
• President Consideration of Money Bill:
  • Governor may give or withhold assent, or reserve the bill for President.
  • Governor cannot return a money bill to the legislature.
  • President may give or withhold assent but cannot return the money bill.

Executive Powers

• All executive actions of the state are taken in his name.
• Make rules for the authentication of orders.
• Make rules for convenient transaction of business of state government.
• Seek any information from CM regarding administration and legislation.
• Require CM to submit matters already decided by ministers to the CoM.
• Recommends constitutional emergency in the state to the President.
• Acts as Chancellor of universities, appoints Vice-Chancellors.
• Appoints tribal welfare minister for Chhattisgarh, Jharkhand, MP, and Odisha.
• Appoints: CM, Ministers, Advocate General, State Election Commissioner, SPSC Chairman/Members, VCs of universities.

Legislative Powers

• Governor is an integral part of the state legislature.
• Summons, prorogues, dissolves legislative assembly.
• Addresses legislature after general election and first session each year. [UPSC 2019]
• Sends messages to legislature.
• Appoints presiding members if Speaker/Deputy Speaker posts are vacant.
• Nominates: 1/6 members to Legislative Council.
• Anglo-Indian nomination (until 2020).
• Decides on disqualification of members with EC consultation.
• Lays reports of State Finance Commission, SPSC, CAG.
• Promulgates ordinances when legislature not in session (valid for 6 weeks).

Financial Powers

• Prior recommendation for Money Bill.
• Prior recommendation for demand for grants.
• Constitutes State Finance Commission every 5 years.
• Lays Annual Financial Statement (State Budget) before the legislature.
• Make advances out of the Contingency Fund of the state.

Judicial Powers

• Judges of High Court: Consulted by the President during appointments.
• District Judges: Appointments/postings/promotions in consultation with High Court.
• Other judicial officers: Appointed in consultation with High Court and SPSC.
• Pardoning powers: Can grant pardons, reprieves, respites, remissions, suspend/commute sentences against state law.

Pardoning Power

• Article 161: Governor can grant pardons/remissions for offences under state law.
• Limits:
  • Cannot pardon court martial sentences (President only).
  • Cannot pardon death sentence, though can suspend/remit/commute it.

Ordinance Making Power

• Article 213: Can promulgate ordinance when legislature is not in session.
• Judicial Review: Governor’s satisfaction is subject to judicial review (44th CAA).
• Approval: Must be approved by legislature within 6 weeks of reassembly.
• Scope: Ordinance-making power is co-extensive with State Legislature’s powers.
• Nature: Same force as laws but temporary.
• Withdrawal: Governor may withdraw at any time.
• Not discretionary: Must act on advice of Council of Ministers.
• Laying before legislature: Required after reassembly.
• Requires Presidential instructions in cases where:
  • Bill would need President’s prior sanction.
  • Governor would have reserved the bill for President.
  • Bill would be invalid without President’s assent.

The Constitutional Position of the Governor and the President

• Governor may use discretion; President cannot.
• 42nd and 44th CAA made ministerial advice binding on President, not on Governor.

Governor’s Discretionary Power

• If any doubt exists, Governor’s decision on discretion is final and cannot be challenged.

Constitutional Discretion

• Reservation of bills for President’s consideration. [UPSC 2014]
• Recommendation for President’s Rule. [UPSC 2014]
• Administration of adjoining Union Territory.
• Seeking information from CM regarding administrative and legislative affairs.
• Determining royalty share for Sixth Schedule tribal areas (Assam, Meghalaya, Tripura, Mizoram).

Situational Discretion

• Appointing CM: When no party has a clear majority or if CM dies suddenly.
• Dismissing Council of Ministers: When it cannot prove majority.
• Dissolving Assembly: If Council of Ministers has lost its majority.