The state executive is made up of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State. Governor, as President, heads the state government. Article 153-167 in the Indian Constitution deal with the provisions related to the state governments of the country.
Governor is a titular head or constitutional head and at the same time, he is the agent of the centre as the union government nominates Governor in each state.
Who is a Governor?
Governor is a nominal executive head of the state. He forms an important part of the state executive where he acts as the chief executive head. Central Government nominates the governor for each state.
How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state.
What is the term of the Governor’s office?
Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.
Governor may also get transferred from one state to another by the President. He also can be reappointed.
Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a set of qualifications to meet to hold the office; Governor has to meet only two qualifications:
Note: There are two conventions that the government follow before nominating a person as a Governor:
It should also be noted that both the above conventions are not absolute and have been ignored by the union government in many instances.
What are the conditions of his office?
There are a few conditions for a person to be appointed as a Governor:
What are the powers and functions of the Governor?
Executive Powers of the Governor
The following comes under his executive powers:
(i) Every executive action that the state government takes, is to be taken in his name.
(ii) How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor.
(iii) He may/may not make rules to simplify the transaction of the business of the state government.
(iv) Chief Ministers and other ministers of the states are appointed by him.
(v) It is his responsibility to appoint Tribal Welfare Minister in the states of:
(vi) He appoints the advocate general of states and determines their remuneration
(vii) He appoints the following people:
(viii) He seeks information from the state government
(ix) A constitutional emergency in the state is recommended to the President by him.
(x) The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.
Legislative Powers of the Governor
The following are the legislative powers of the governor:
(i) It’s in his power to prorogue the state legislature and dissolve the state legislative assemblies
(ii) He addresses the state legislature at the first session of every year
(iii) If any bill is pending in the state legislature, Governor may/may not send a bill to the state legislature concerning the same
(iv) If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then Governor appoints a person to preside over the session
(v) As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members of the legislative council from the fields of:
(vi) As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from Anglo-Indian Community.
(vii) He can consult Election Commission for the disqualification of members
(viii) With respect to the bill introduced in the state legislature, he can:
Note: Governor can reserve the bill for the President’s consideration in the following cases:
(i) An ordinance can be promulgated by him when either the Legislative Assembly or Council (Unicameral/Bicameral) are not in session.
(ii) The following reports are laid by him:
Financial Powers of the Governor
The following are the financial powers and functions of the Governor:
Judicial Powers of the Governor
The following are the judicial powers and functions of the Governor:
(i) He has the following pardoning powers against punishment:
(ii) President consults the Governor while appointing judges of High Court
(iii) In consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges
(iv) In consultation with the state high court and state public service commission, he also appoints persons to the judicial services.