Governor

Basics

• Articles 153 to Article 162 of the Indian Constitution deal with provisions related to governors of the states.
• The role of the Governor is quite similar to that of the President of India, but works at the state level.
• The Governor stands as the executive head of a State, and the working remains the same as that of the office of the President of India.
•  The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.

Roles of the Governor

• He is the constitutional head of the state, bound by the advice of his council of ministers.
• He functions as a vital link between the Union Government and the State Government.

History of Office of Governor

• GoI Act 1858: Transferred the responsibility of administration of India from the East India Company to the British Crown. It made them of the province an agent of the Crown working through the Governor General.
• Montague-Chelmsford Reforms (1919): Made small changes in the provincial government with an insignificant level of responsible government being introduced .
• GoI Act 1935: Gave provincial autonomy with them being required to act on the advice of the Council of Ministers.
• After 1947, the Adaptation order of 1947 made their function as per aid and advice of the council of ministers.

Appointment of Governors in India (Article 155)

• The Governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the President.
• He is appointed by the President by warrant under his hand and seal. He is a nominee of the Central government.
• The Supreme Court in 1979, held that the office of Governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government.

Governor’s Term of Office and Presidential Discretion (Art. 156)

• The Governor shall hold office during the pleasure of the President.
• The term of the Governor is prescribed as five years. They may, under his hand, resign to the President.

Qualification if Governor

• As per constitution
  • He should be a citizen of India
  • Has completed the age of thirty-five years.
• As per convection
  • He should not belong to the state (outsider) where he is appointed.
  • While appointing the governor, the president is required to consult the chief minister of the state concerned.
• Other Qualification
  • Not be a member of either house of the Parliament or house of the state legislature.
  • Not hold any office of profit

Conditions of Governors Office

• He should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor.
• He should not hold any other office of profit.
• He is entitled without payment of rent to the use of his official residence (the Raj Bhavan). 
• He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
• When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.
• His emoluments and allowances cannot be diminished during his term of office.

Oath of Governor

• Oath of office to the 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 of the Governor in State Governance

• Executive Powers
  • The executive power of the state is vested in the Governor.
  • He Exercises it either directly or through officers subordinate to him.
  • It has been held that ministers are officers subordinate to him.
  • The executive power of them extends to all matters with respect to which the State Legislature has power to make laws.
  • All executive is expressed to be taken in the name of the Governor.
  • All orders, instruments, etc are authenticated in the manner specified in the rules made by the Governor.
  • Appoints the Chief Minister and other ministers are appointed by him on the advice of the Chief Minister.
  • Appoints the Council of Ministers, Advocate General, Chairman and the members of the State Public Service Commission.
  • He is the chancellor of a state university.
• Legislative Powers
  • Governor is the integral part of the state legislature
  • He summons, dissolve and prorogues the state assemblies
  • He gives assent to the bills.
  • Right to address the state legislature
  • He also nominates 1/6 of the members of the Legislative Council (Art.171).
  • He disqualified MLAs on the opinion of the election commission
  • They lay down various reports in the state legislatures – for example state finance commission reports.
  • He can also nominate one member from Anglo Indian community in the Legislative Assembly
• Financial Powers
  • A money bill cannot be introduced in the Legislative Assembly of the state without the recommendation of the Governor.
  • No demand for grants can be made except on the recommendation of the Governor (Art.203).
  • They ensure that the annual financial statements (known as budget) are laid before the house or houses of the Legislature (Art. 202).
  • He appoints members of State Finance Commission
• Judicial Powers
  • He appoints and transfers District Court Judges (Article 233)
  • As per Art.217, he is entitled to be consulted in appointments of judges in the state high courts.
  • Governor also administers the Oath of office to the High Court Judges
  • 234 – bats for Appointments of persons (other than district judges) to the judicial service of the state by the Governor.
• Pardoning Power
  • Article 161 – says that the Governor shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to matters to which the executive power of the state extends.

Governor’s Power to Assent Bills

• The governor has four options regarding the bill as per Article 200;
  • Grant Assent 
  • Sending for Reconsideration
    • The Governor can send the bill back to the House for reconsideration but if the bill is sent back by the House without any change, the Governor has to give his assent to that bill. 
    • Also, he cannot send the bill back to the State Legislature if it is a Money Bill.
  • Reserving the Bill for the President’s Consideration:
    • The Governor also has the right to reserve some bills for the consideration of the President under Article 201.
    • And when a governor reserves a bill for the president’s consideration, he is no longer involved in the bill’s enactment. 
    • Even if the President refers it to the Assembly for reconsideration, the Bill will still be brought before the President and not the Governor following the reconsideration.
  • Withhold Assent:
    • The Governor also has the power to withhold assent to the Bill