Laxmikanth: Summary of Governor - Indian Polity for UPSC CSE

Introduction

• Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state executive consists of the governor, the chief minister, the council of ministers, and the advocate general of the state. Thus, there is no office of vice-governor (in the state) like that of Vice-President at the Centre.
• The governor is the chief executive head of the state. But, like the president, he is a nominal executive head (titular or constitutional head). The governor also acts as an agent of the central government. Therefore, the office of governor has a dual role. 
• Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.

Appointment of Governor

• The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president. 
• He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government.

The Draft Constitution provided for the direct election of the governor on the basis of universal adult suffrage.

But the Constituent Assembly opted for the present system of appointment of governor by the president because of the following reason:

• The direct election of the governor is incompatible with the parliamentary system established in the states.
• The mode of direct election is more likely to create conflicts between the governor and the chief minister.

The Constitution lays down only two qualifications for the appointment of a person as a governor. These are:

• He should be a citizen of India.
• He should have completed the age of 35 years.

Conditions of Governor's Office

The Constitution lays down the following conditions for the governor's office:

• He should not be a member of either House of Parliament or a House of the state legislature.
• He should not hold any other office of profit.
• He is entitled without payment of rent to the use of his official residence (the Raj Bhavan).
• When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.

Term of governor’s office: Five years

Powers and Functions of Governor

The powers and functions of the governor can be studied under the following heads:

1. Executive Powers
The executive powers and functions of the Governor are:
(i) All executive actions of the government of a state are formally taken in his name.

(ii) He can make rules for more convenient transactions of the business of a state government and for the allocation among the ministers of the said business.

(iii) He appoints the chief minister, advocate general of a state, election commissioner, appoints the chairman and members of the state public service commission.

(iv) He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief minister.

(v) He can 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.

(vi) He can recommend the imposition of constitutional emergency in a state to the president.

2. Legislative Powers
A governor is an integral part of the state legislature.
In that capacity, he has the following legislative powers and functions:

(i) He can summon or prorogue the state legislature and dissolve the state legislative assembly.

(ii) He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.

(iii) He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant.

(iv) He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service, He can nominate one member to the state legislature assembly from the Anglo-Indian Community.

(v) He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

(vi) When a bill is sent to the governor after it is passed by state legislature, he can:

• Give his assent to the bill.
• Withhold his assent to the bill.
• Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state.

(vii) He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly.

3. Financial Powers
The financial powers and functions of the governor are:

(i) He sees that the Annual Financial Statement (state budget) is laid before the state legislature.

(ii) Money bills can be introduced in the state legislature only with his prior recommendation.

(iii) No demand for a grant can be made except on his recommendation.

(iv) He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

(v) He constitutes a finance commission after every five years to review the financial position of the panchayats and the municipalities.

4. Judicial Powers
The judicial powers and functions of the governor are:

(i) He can grant pardons, reprieves, respites, and remissions of punishment or suspend, remit, and 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.

(ii) He is consulted by the president while appointing the judges of the concerned state high court.

(iii) He makes appointments, postings, and promotions of the district judges in consultation with the state high court.

(iv) He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.