Governor of State: Role and Powers Explained for UPSC SSC

Constitutional Position

The Governor is appointed by the President of India and holds office during the pleasure of the President. Article 153 of the Indian Constitution states that there shall be a Governor for each state. However, the Seventh Constitutional Amendment Act of 1956 made it possible to appoint the same person as Governor for two or more states. The Governor acts as a dual agent: an agent of the Union government and the constitutional head of the state. They are not directly elected by the people, nor are they chosen by an electoral college, unlike the President.

To be eligible for appointment as Governor, a person must be a citizen of India and have completed the age of 35 years, as per Article 157. They must not be a member of either House of Parliament or a House of the State Legislature. If they are, they must vacate their seat upon assuming office as Governor. The Governor also cannot hold any other office of profit. The term of office for a Governor is generally five years, but they can be removed earlier by the President.

Executive Powers

The executive powers of the state are vested in the Governor, as per Article 154. All executive actions of the state government are formally taken in their name. The Governor appoints the Chief Minister and other ministers, who hold office during their pleasure. However, this pleasure is not absolute and is exercised based on the advice of the Chief Minister, who commands the majority in the state legislative assembly.

The Governor also appoints the Advocate General of the state, the Chairman and members of the State Public Service Commission, and the State Election Commissioner. They are consulted by the President during the appointment of judges of the concerned State High Court. The Governor also acts as the Chancellor of universities in the state and appoints Vice-Chancellors to these universities. They can seek any information relating to the administration of the affairs of the state from the Chief Minister.

Legislative Powers

The Governor is an integral part of the State Legislature. They have the power to summon and prorogue the state legislature and dissolve the state legislative assembly, as per Article 174. They address the first session of the state legislature after each general election and the first session of each year, outlining the government's policies and programmes. The Governor can send messages to the house or houses of the state legislature regarding a bill pending in the legislature or otherwise.

No bill can become an Act without the Governor's assent. When a bill is presented to the Governor after being passed by the state legislature, they can give assent to the bill, withhold assent, or return the bill for reconsideration (if it is not a money bill). The Governor also has the power to reserve certain bills for the consideration of the President, especially if they endanger the position of the State High Court or are ultra vires the Constitution. Article 213 grants the Governor the power to promulgate ordinances when the state legislature is not in session, which have the same force as an Act of the legislature but must be approved within six weeks of the reassembly of the legislature.

Financial and Judicial Powers

Regarding financial powers, no money bill can be introduced in the state legislature without the prior recommendation of the Governor. They ensure that the annual financial statement (state budget) is laid before the state legislature. The Governor also has control over the Contingency Fund of the state, from which advances can be made to meet unforeseen expenditures. The recommendations of the Governor are also required for making demands for grants.

In terms of judicial powers, Article 161 empowers the Governor to grant pardons, reprieves, respites, and remissions of punishment or to suspend, remit, or 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. However, the Governor cannot pardon a death sentence or a sentence by a court-martial. They are consulted by the President while appointing the judges of the High Court. The Governor also makes appointments, postings, and promotions of district judges in consultation with the State High Court.

Discretionary Powers

The Governor exercises certain powers in their discretion, without the aid and advice of the Council of Ministers. These discretionary powers are explicitly mentioned in the Constitution or arise from the exigencies of the situation. One significant discretionary power is the reservation of a bill for the consideration of the President, as per Article 200. This is particularly important when a bill might derogate from the powers of the High Court or is against the provisions of the Constitution.

Other discretionary powers include appointing the Chief Minister when no party has a clear majority in the state legislative assembly, or when the Chief Minister dies suddenly and there is no obvious successor. The Governor can also dismiss the Council of Ministers if it loses the confidence of the legislative assembly but refuses to resign. They can also seek information from the Chief Minister regarding the administrative affairs of the state. Recommending the imposition of constitutional emergency (President's Rule) in the state under Article 356 is another critical discretionary power, though it has been a source of controversy.

Important Keywords Explained

Ordinanceconcept

An ordinance is a temporary law promulgated by the Governor when the state legislature is not in session. It has the same force and effect as an Act of the legislature. However, it must be laid before the state legislature when it reassembles and ceases to operate six weeks from the reassembly, or earlier if disapproved by the legislature. This power is granted under Article 213.

President's Ruleconcept

Also known as a 'constitutional emergency' or 'state emergency,' President's Rule is imposed under Article 356 when the constitutional machinery in a state breaks down. The Governor plays a crucial role by sending a report to the President recommending its imposition. During President's Rule, the executive functions of the state are exercised by the President through the Governor, and the state legislature's powers are exercised by or under the authority of Parliament.

Discretionary Powersconcept

These are powers that the Governor can exercise without the aid and advice of the Council of Ministers. The Constitution explicitly grants some discretionary powers (e.g., reserving a bill for the President) and others are situational (e.g., appointing a Chief Minister when no party has a clear majority). These powers are a significant aspect of the Governor's role as an agent of the Centre.

Additional Facts & Context

• The Sarkaria Commission (1983) recommended that the Governor should be an eminent person from outside the state.
• The Punchhi Commission (2007) suggested that the 'pleasure of the President' for Governor's removal should not be arbitrary.
• The Governor takes an oath to preserve, protect, and defend the Constitution and the law (Article 159).
• The emoluments and allowances of the Governor are specified in the Second Schedule of the Constitution.
• The Governor is immune from criminal proceedings during their term of office (Article 361).