Governor of State: Role and Powers Explained for UPSC SSC

Appointment and Tenure

The Governor is appointed by the President of India. This is stated in Article 155 of the Indian Constitution. The Governor holds office during the pleasure of the President. However, their normal term of office is five years from the date they enter upon their office. A Governor can resign by addressing a letter to the President. There is no direct procedure for the impeachment of a Governor by the state legislature.

To be eligible for appointment as Governor, a person must be a citizen of India. They must also have completed the age of 35 years. The Governor cannot be a member of either House of Parliament or a House of the State Legislature. If a member of such a House is appointed Governor, they are deemed to have vacated their seat in that House on the date they enter upon their office as Governor. The Governor is entitled to such emoluments, allowances, and privileges as may be determined by Parliament by law.

Executive Powers

The executive power of the state is vested in the Governor. This is according to Article 154 of the Constitution. All executive actions of the state government are formally taken in the Governor's name. The Governor appoints the Chief Minister and other ministers. They hold office during the pleasure of the Governor. 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.

The Governor can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister. They can also 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. The Governor acts as the Chancellor of universities in the state and appoints Vice-Chancellors.

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. This power is outlined in Article 174. The Governor addresses the first session of the state legislature after each general election and the first session of each year, as per Article 176. They can also send messages to the House or Houses of the state legislature, regarding a bill pending in the legislature or otherwise.

A bill passed by the state legislature becomes law only after the Governor gives assent. The Governor can withhold assent to a bill, return a bill (if it is not a money bill) for reconsideration, or reserve a bill for the consideration of the President. This power is given under Article 200. The Governor can also promulgate ordinances when the state legislature is not in session, under Article 213. These ordinances have the same force as an Act of the state legislature but must be approved by the legislature within six weeks of its reassembly.

Financial and Judicial Powers

The Governor ensures that the annual financial statement (state budget) is laid before the state legislature. This is a key financial power. No demand for a grant can be made except on their recommendation. A money bill can be introduced in the state legislature only with the prior recommendation of the Governor. The Governor also constitutes a Finance Commission after every five years to review the financial position of the Panchayats and Municipalities.

In terms of judicial powers, the Governor can grant pardons, reprieves, respites, and remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the state extends. This power is provided under Article 161. However, the Governor cannot pardon a death sentence or a sentence by a court-martial. The President has exclusive power in these cases.

Discretionary Powers

The Governor has certain discretionary powers, meaning they can act without the aid and advice of the Council of Ministers. These powers are not explicitly defined but arise from constitutional provisions and conventions. One significant discretionary power is the appointment of 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 decides who to invite to form the government.

Another key discretionary power is reserving a bill for the consideration of the President, as per Article 200. This is particularly relevant for bills that might endanger the position of the state High Court, or are ultra vires the Constitution. The Governor can also recommend the imposition of constitutional emergency (President's Rule) in the state under Article 356, if they are satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution. The Governor also acts in discretion while dismissing the Council of Ministers when it cannot prove its confidence in the State Legislative Assembly.

Important Keywords Explained

Article 153act

This article of the Indian Constitution states that there shall be a Governor for each state. The 7th Constitutional Amendment Act of 1956 made it possible to appoint the same person as Governor for two or more states.

Pleasure of the Presidentconcept

This phrase signifies that the Governor holds office at the will of the President. While the normal term is five years, the President can remove the Governor at any time without stating a reason. This makes the Governor's position somewhat vulnerable to central government influence.

Ordinance Making Powerconcept

Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session. These ordinances have the force of law but must be approved by the legislature within six weeks of its reassembly. This power is used for urgent matters.

Discretionary Powersconcept

These are powers exercised by the Governor without the aid and advice of the Council of Ministers. Examples include appointing a Chief Minister when no clear majority exists, reserving a bill for the President, or recommending President's Rule. These powers are a source of debate.

Additional Facts & Context

• Minimum age for Governor is 35 years.
• Salary of a Governor is charged on the Consolidated Fund of the State.
• Article 356 deals with the imposition of President's Rule in a state, often based on the Governor's report.
• The Sarkaria Commission (1983) and Punchhi Commission (2007) made recommendations on the Governor's role.
• The Governor acts as the Chancellor of state universities.