Governor

Constitutional Position of the Governor

The Governor is the constitutional head of a State under Part VI of the Constitution of India (Articles 153–167). The office is designed as a vital link between the Union and the States within India’s quasi-federal structure.

• Article 153: There shall be a Governor for each State (one person may be Governor for two or more States).
• Article 154: Executive power of the State is vested in the Governor.
• Article 155: Appointed by the President of India.
• Article 156: Holds office during the pleasure of the President; normal tenure is five years.
• Article 157–158: Qualifications and conditions of office.
• Article 159: Oath of office.
• Article 161: Power to grant pardons, reprieves, respites or remissions for offences against State laws.
• Article 163: Council of Ministers to aid and advise the Governor, except in matters where the Constitution requires discretion.
• Article 164: Appointment of the Chief Minister and other Ministers.
• Article 167: Duties of the Chief Minister to furnish information to the Governor.

Powers of the Governor

1. Executive Powers

• Appoints the Chief Minister.
• Appoints other Ministers on the advice of the Chief Minister.
• Appoints the Advocate General of the State.
• Appoints members of the State Public Service Commission.
• Makes rules for the convenient transaction of business of the State Government.
• Can recommend the President’s Rule under Article 356 by sending a report to the President.

2. Legislative Powers

• Summons, prorogues and dissolves the State Legislative Assembly.
  
• Addresses the first session of the Legislature after general elections and the first session each year.
  
• Nominates members to the Legislative Council (where applicable).
  
• Assent to Bills under Article 200:
  
  • May give assent.
  • Withhold assent.
  • Return a non-money bill for reconsideration.
  • Reserve certain Bills for consideration of the President.
• Ordinance-making power under Article 213 when the Legislature is not in session.
  

3. Financial Powers

• No Money Bill can be introduced without the Governor’s recommendation.
• Causes the State Budget to be laid before the Legislature.
• Recommends demands for grants.

4. Judicial Powers

• Power to grant pardons, reprieves, respites, or remissions under Article 161.
• Immunity under Article 361: No criminal proceedings during term of office.

Discretionary Powers of the Governor

Although the Governor generally acts on the aid and advice of the Council of Ministers, certain situations involve discretion:

• Appointment of Chief Minister in a hung assembly.
• Dismissal of a government that has lost majority and refuses to resign.
• Reserving Bills for President’s consideration.
• Sending report to the President recommending President’s Rule.
• Determining the need for a floor test in specific constitutional circumstances.

Key Commissions on Governor’s Office

(1988)

• Governor should be an eminent person.
• Should not belong to the State where appointed.
• Consultation with Chief Minister before appointment.
• Article 356 to be used sparingly.

(2010)

• Fixed tenure of five years should be respected.
• Clear guidelines for discretionary powers.
• Time limits for assent to Bills.
• Governor should not be burdened with non-constitutional roles unnecessarily.

(Venkatachaliah Commission, 2002)

• Governors should complete their tenure.
• Removal should involve consultation with the Chief Minister.

Important Judicial Pronouncements

• Governor cannot exercise discretion in summoning or proroguing the Assembly without aid and advice of the Council of Ministers.
• Floor test is the proper constitutional mechanism to determine majority.
• Governors must act within reasonable time regarding assent to Bills.

Core Constitutional Principle

• The Governor is a nominal executive.
• Real executive power rests with the Council of Ministers headed by the Chief Minister.
• The office is intended to function as a constitutional guardian, not as a parallel political authority.
• Federal balance depends upon adherence to constitutional morality and cooperative federalism.