GOVERNOR
Polity
Meaning & Position
• Governor is the Constitutional / nominal head of the state.
• Executive power of the state is vested in the Governor.
• Articles 153–167 of Part VI deal with the State Executive.
• Governor = Titular/De jure head; Chief Minister = Real/De facto executive.
• Governor also acts as an agent of the Central Government.
• Post of Deputy/Vice-Governor does not exist.
• 7th Constitutional Amendment Act, 1956 allows one person to be Governor of two or more states.
Appointment
• Governor is not directly or indirectly elected.
• Appointed by the President by warrant under his hand and seal.
• A nominee of the Central Government.
• SC (1979): Governor is not an employee of Central Govt; holds an independent constitutional office.
• Draft Constitution originally proposed direct election → rejected for fear of friction with CM and high cost.
Qualifications
• Citizen of India.
• At least 35 years old.
• Must be from outside the state (to avoid involvement in local politics) – a healthy convention, not a constitutional mandate.
• President should consult CM of the state (Sarkaria Commission recommendation).
• Must not be a member of Parliament/State Legislature.
• Must not hold any office of profit.
Conditions of Office
• If a sitting MP/MLA becomes Governor → seat vacated automatically.
• Entitled to official residence, emoluments, allowances (decided by Parliament).
• Emoluments cannot be reduced during his term.
• When appointed Governor of multiple states, salary is shared among them.
• Governor’s salary is charged on Consolidated Fund of India.
Term & Removal
• Holds office during the pleasure of the President.
• Term: 5 years, but may be removed earlier (no grounds specified).
• May resign anytime by writing to the President.
• SC 2010: Governor cannot be removed arbitrarily; removal requires “compelling reasons”.
• Not removable by impeachment.
Powers & Functions of Governor
1. Executive Powers
• Executive power of the state is vested in him.
• Functions carried out in his name; orders authenticated as per rules framed by him.
• Appoints:
– Chief Minister
– Other Ministers (on CM’s advice)
– Advocate General
– Chairman/Members of State Public Service Commission
– State Election Commissioner
• CM + Council of Ministers hold office during Governor’s pleasure (formal).
• Acts as Chancellor of State Universities in many states.
2. Legislative Powers
• Integral part of the State Legislature.
• Summons, prorogues, dissolves State Assembly.
• Can address and send messages to the state legislature.
• Nominates:
– One member of the Anglo-Indian community to Legislative Assembly (removed by 104th CA except in certain NE States)
– 1/6th members of Legislative Council (Art. 171)
• Lays before legislature: Budget, Finance Commission Report, CAG reports, etc.
• Decides on disqualification of MLAs on EC’s recommendation.
3. Financial Powers
• Money Bill can be introduced only with his recommendation.
• No demand for grants can be made without his recommendation.
• Ensures Annual Financial Statement (Budget) is laid before legislature.
• Appoints State Finance Commission.
4. Judicial Powers
• Appoints District Judges (Art. 233).
• Consulted in appointment of HC Judges (Art. 217).
• Administers oath to HC Judges.
• Makes rules for subordinate judiciary appointments (Art. 234).
Veto Powers
A. Ordinary Bills
Governor may:
• Give assent → Bill becomes Act.
• Withhold assent → Bill dies.
• Return bill for reconsideration (except Money Bill).
– If passed again, must give assent.
• Reserve bill for President.
– Mandatory reservation: bills affecting powers of HC, or violating Constitution.
– Optional reservation: any bill in public interest.
President’s Options on Reserved Bills:
• Give assent → Act.
• Withhold assent → Bill dies.
• Return for reconsideration (Governor has no role afterward).
B. Money Bills
Governor may:
• Give assent.
• Withhold assent.
• Cannot return the bill.
If reserved → President may:
• Give assent.
• Withhold assent.
Pardoning Powers (Art. 161)
Governor may:
• Pardon
• Reprieve
• Respite
• Remit
• Suspend
• Commute
…for offences against State law.
• Cannot pardon death sentence → President alone can.
• Can suspend/commute/remit a death sentence.
Constitutional Position
• Art. 154 – Executive power vested in Governor.
• Art. 163 – Council of Ministers must aid and advise Governor except when he acts in discretion.
• Art. 164 – CoM collectively responsible to Legislative Assembly.
• CM + CoM = Real executive; Governor acts on aid and advice.
• President is bound by advice of CoM (after 42nd CA), but Governor is not explicitly bound → creates scope for discretionary powers.
Discretionary Powers
Governor may act without advice in matters such as:
• Reservation of bills for President.
• Determining CM in hung assembly.
• Dismissal of government losing majority (must prove on floor).
• Asking CM to prove majority.
• Functions in Sixth Schedule Areas.
• Special responsibilities under Art. 371 (various states).
Privileges & Immunities
• No court proceedings for official acts.
• Cannot be arrested or imprisoned.
• Civil proceedings for personal acts allowed only after 2 months’ notice.
Special Responsibilities of Governors
As per Articles 371–371J:
• Maharashtra & Gujarat (371) – Development of backward regions.
• Nagaland (371A) – Law & Order responsibility.
• Assam (371B) – Tribal Area Administration.
• Manipur (371C) – Hill Areas Committee functioning.
• Sikkim (371F) – Socio-economic development.
• Arunachal Pradesh (371H) – Law & Order.
• Karnataka (371J) – Development of Hyderabad-Karnataka region.
Dual Role of Governor
• Constitutional Head of State.
• Agent of Central Government → leads to federal tensions and controversies (dismissal of state govts., President rule, etc.).
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Subject: Polity
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