Laxmikanth Summary: Governor | Indian Polity for UPSC CSE PDF Download

Introduction

• The Constitution of India establishes a Parliamentary system of government not only at the national level but also in the States.
• Part-Vl deals with government in States (except for J&K).
• Art 153 to 167 deals with State Executive consisting of Governor, Chief Minister, Council of Ministers, and Advocate-General.
• Governor is the chief executive Head of the State.
• Governor is a nominal head.
• Governor also acts as an agent of the Centre in the State.
• An important development in the governance structure was the 7th Amendment in 1956, which allowed a single Governor to oversee two or more States, enhancing administrative efficiency.

Appointment of Governor 

• Appointment Process. The governor is appointed by the President of India through a formal document, representing the Central government.

• Constitutional Status. The Supreme Court (Hargovind Pant case, 1979) clarified that the governor's role is an independent constitutional position, not a job under the Central government.

• Reasons Against Direct Election. The Constituent Assembly favored appointment over direct election for several reasons:

  1. Direct election is unsuitable for the parliamentary system in states.
  2. It could lead to conflicts between the governor and the chief minister.
  3. As a nominal head, the expensive election process is unnecessary.
  4. Elections might focus on personal issues rather than national interests.
  5. An elected governor may bias towards a political party, compromising neutrality.
  6. Direct elections could exacerbate separatist movements, threatening national unity.
  7. Presidential appointments enable the Centre to maintain oversight over states.
  8. Direct elections could complicate leadership roles during state elections.
  9. Chief ministers might promote less qualified party members for governor positions.

• Model Chosen. The Constituent Assembly opted for the Canadian model (governors appointed by the Centre) instead of the American model (direct election of governors).

Qualifications, Oath, and Conditions

The position of Governor in India comes with specific qualifications, an oath, and certain conditions as outlined in the Constitution and recommended by the Sarkaria Commission.

Qualifications

To be appointed as a Governor, a person must fulfill certain constitutional requirements.

Sarkaria Commission Recommendations (1983-88):

• Should be eminent in some field.
• Should be from outside the state.
• Should not be closely tied to local politics.
• Should not have been heavily involved in politics recently.
• Avoid appointing ruling party politicians as governors in states run by other parties.
• Consultation with the state chief minister should be mandatory (amend Article 155).
• Prime Minister may informally consult Vice-President and Lok Sabha Speaker.

Oath or Affirmation

• Before Taking Office: The governor must take an oath or affirmation to:

  1. Carry out the duties of the office honestly.
  2. Safeguard, uphold, and defend the Constitution and the law.
  3. Serve and promote the welfare of the state’s citizens.

• Administered By: The Chief Justice of the state’s High Court, or the highest-ranking judge if the Chief Justice is not available.

• Others: Anyone acting as governor must also take this oath.

Conditions of Office

Key Conditions:

• Governors cannot be members of Parliament or state legislatures. If they are appointed as governors, they must vacate any such seats.
• Governors are not allowed to hold any other office that provides a profit while serving as governor.
• Governors are entitled to a rent-free official residence, known as Raj Bhavan.
• The emoluments, allowances, and privileges of governors are determined by Parliament.
• If a governor is serving multiple states, the emoluments are shared among those states as decided by the President.
• Emoluments and allowances cannot be reduced during a governor's term.

Salary: The salary of governors was increased by Parliament in 2018 to ₹3.50 lakh per month, up from ₹1.10 lakh.

Privileges and Immunities: Governors enjoy certain privileges and immunities, including:

• Immunity from legal liability for actions taken in office.
• Immunity from criminal proceedings during their term, even for personal actions.
• Protection from arrest or imprisonment.
• Civil proceedings for personal actions can occur after two months’ notice.

Term of Governor's Office

Term of Office:

• A governor's term lasts for five years, starting from when they assume office.
• However, this term is subject to the President's discretion, meaning the President can remove the governor at any time.
• Governors also have the option to resign at any time by submitting a resignation letter to the President.

No Security of Tenure:

• The Supreme Court ruled in the Surya Narain case (1981) that governors do not have job security or a guaranteed term, as the President's pleasure is not a valid reason for removal.

• The Constitution does not specify grounds for removal, allowing the President to remove governors without stated reasons.

• For instance, in 1989, the V.P. Singh government requested the resignation of governors appointed by the previous Congress government, with some being replaced and others retained.

• Similarly, in 1991, the P.V. Narasimha Rao government replaced 14 governors appointed by earlier administrations.

Transfer and Reappointment:

• The President can transfer a governor to another state for the remainder of their term.

• Additionally, a governor whose term has ended may be reappointed in the same state or in a different state.

Continuity of Office:

• To ensure seamless governance, a governor may continue in office beyond their five-year term until a successor is appointed.

Contingency Provisions:

• In the event of unforeseen circumstances, such as a governor's death, the President can make arrangements for the fulfillment of the governor's duties.
• For example, the chief justice of the state's high court may be appointed temporarily to assume the governor's responsibilities.

Powers and Functions of Governor 

• A governor has powers similar to those of the President of India, but these are limited to executive, legislative, financial, and judicial domains.
• Unlike the President, a governor does not have diplomatic, military, or emergency powers.

Executive Powers

• All executive actions of the State Government are carried out in the name of the Governor.
• The Governor sets the rules for validating actions taken in his name.
• Establishes guidelines for business transactions and their allocation to ministers.
• Appoints the Chief Minister and other ministers to serve at his discretion.
• Appoints the Advocate General of the state to serve at his discretion.
• Appoints the State Election Commissioner.
• Appoints the Chairman and members of State Public Service Commissions.
• Can request information from the Chief Minister regarding state administration or legislative proposals.
• Can require the Chief Minister to present a minister’s decision for the Council of Ministers' review.
• Recommends a Constitutional emergency to the President if necessary.
• Acts as Chancellor of State Universities and appoints Vice-Chancellors.

Legislative Powers

• The Governor has the authority to call or end sessions of the State Legislature and dissolve the State Legislative Assembly.
• Can address the State Legislature at the beginning of the term and annually.
• Can send messages to the House or houses regarding a pending bill.
• Can appoint any member to lead house meetings when the positions of Speaker/Chairman and Deputy Speaker/Deputy Chairman are vacant.
• Nominates one-sixth of the members in the State Legislative Council from fields such as art, literature, and science.
• Decides on disqualification matters in consultation with the State Election Commission.
• When a bill is presented to the Governor, he can:
  • Give assent to the Bill, or
  • Return a non-money bill for reconsideration once, or
  • Reserve the Bill for the President's consideration if it threatens the High Court's position, is against the Directive Principles of State Policy, or relates to Article 31A.

Legislature Powers

• The Governor has the authority to issue Ordinances when the State Legislature is not in session. These Ordinances must be approved by the State Legislature within six weeks of its next meeting.
• The Governor is responsible for presenting reports from the State Finance Commission, State Public Service Commission, and the Comptroller and Auditor General (CAG) to the State Legislature.

Financial Powers

• The Governor ensures the Annual Financial Statement is presented to the State Legislature.
• Money Bills can only be introduced with the Governor's prior recommendation.
• Requests for grants can only be made on the Governor's recommendation.
• The Governor can make advances from the Contingency Fund of the State for unexpected expenses.
• Every five years, the Governor establishes a Finance Commission to assess the financial status of Panchayats and Municipalities.

Judicial Powers

• The Governor has the power to grant pardons, reprieves, respites, and remissions of punishments related to the State's executive powers. This includes the authority to suspend, remit, and commute sentences.
• When appointing judges of State High Courts, the President consults the Governor.
• The Governor is involved in the appointments, postings, and promotions of District Judges in consultation with the State High Court.
• Appointments to the Judicial Services of the State are made by the Governor after consulting with the High Court and the State Public Service Commission.

Discretionary Powers​

• Article 154 of the Constitution empowers the Governor to act according to their own discretion, without being bound by ministerial advice.
• The Governor's discretionary powers include:
• Reserving a Bill for the President of India.
• Recommending the imposition of President’s Rule in the State.
• Acting as the administrator of a nearby Union Territory when given additional charge.
• Deciding on payments by State Governments to an Autonomous Tribal District Council for mineral exploration licenses.
• Requesting information from the Chief Minister on administrative and legislative matters.
• Appointing the Chief Minister in a hung assembly or when the position becomes vacant unexpectedly.
• Dismissing the Council of Ministers (CoM) if they cannot prove majority support.
• Dismissing the State Legislative Assembly when the CoM has lost its majority.

Constitutional Provision of Governor 

Constitutional Framework:

• The Indian Constitution establishes a parliamentary system in states, making the governor a nominal executive, with real executive power held by the council of ministers led by the chief minister (Articles 154, 163, 164).
• The governor acts on the advice of the council of ministers, except in cases where the governor has the discretion to act independently.

Differences from the President:

1. The Constitution allows the governor to act in their discretion in certain cases, unlike the President, where no such provision exists.

2. After the 42nd Amendment (1976), ministerial advice is binding on the President, but no such binding provision exists for the governor.

Discretionary Powers:

Constitutional Discretion (Explicit in the Constitution):

1. Reserving a bill for the President’s consideration.

2. Recommending President’s Rule in the state.

3. Acting as administrator of an adjoining union territory (if assigned).

4. Determining royalty payments for tribal councils in Assam, Meghalaya, Tripura, and Mizoram for mineral exploration licenses.

Situational Discretion (Arising from political circumstances):

1. Appointing a chief minister when no party has a clear majority or after the sudden death of a chief minister with no clear successor.

2. Dismissing the council of ministers if it loses the confidence of the state legislative assembly.

3. Dissolving the state legislative assembly when the council of ministers loses its majority.

The governor’s decision on whether a matter falls under their discretion is final and cannot be challenged.

Special Responsibilities: The governor has specific duties assigned by the President, where they consult the council of ministers but act in their discretion:

1. Maharashtra: Establishing development boards for Vidarbha and Marathwada.

2. Gujarat: Establishing development boards for Saurashtra and Kutch.

3. Nagaland: Maintaining law and order during internal disturbances in the Naga Hills-Tuensang Area.

4. Assam: Administering tribal areas.

5. Manipur: Administering hill areas.

6. Sikkim: Ensuring peace and socio-economic advancement of different population sections.

7. Arunachal Pradesh: Maintaining law and order.

8. Karnataka: Establishing a development board for the Hyderabad-Karnataka region.

Dual Role:

• The governor serves as both the constitutional head of the state and the representative of the Centre (i.e., the President) in the Indian federal system.

Issues in Governor's Functioning

The Sarkaria Commission (1983-88) highlighted ongoing issues in the functioning of governors, as summarized below:

Newspaper's Article on Sarkaria Commission

1. Choosing a Chief Minister:

   • Clear Majority: When a single party or coalition has a clear majority, there is no issue in selecting a Chief Minister.
   • No Absolute Majority: In cases where there is no absolute majority, governors must use their judgment to select a Chief Minister, typically choosing the leader with the most support in the assembly.
   • Confidence Votes: The assembly conducts confidence votes to minimize claims of bias in the selection process.
   • Resigning Ministry: Similar judgment is required when a ministry resigns after losing majority support or a confidence vote.

2. Testing Majority:

   • Governors use varied methods to verify majority support, such as reviewing lists of supporters or physically counting heads.

   • The lack of a consistent approach in testing majority support has raised concerns about fairness and transparency.

3. Dismissing a Chief Minister:

   • There are no standardized rules for dismissing a Chief Minister.

   • A Chief Minister must either resign or demonstrate majority support in the assembly if they lose backing.

   • Inconsistent practices among governors regarding dismissals have led to criticism and perceptions of bias.

4. Dissolving the Legislative Assembly:

   • A chief minister with majority support can advise dissolution, which is usually binding.

   • In cases where the chief minister lacks majority, some governors refuse dissolution, while others accept it, leading to inconsistent practices.

5. Recommending President’s Rule:

   • Governors often recommend President's Rule under Article 356 during periods of political instability.

   • There are concerns that governors may not fully consider all options for stable government formation, acting in a biased manner.

   • The lack of a standard approach in recommending President's Rule raises questions about fairness and due process.

6. Reserving Bills for President’s Consideration:

   • Governors’ decisions to reserve state bills for the President’s review have sparked controversy, with questions about their discretionary use.

7. Nominations to Legislative Council:

   • Governors’ discretionary nominations to the legislative council have been criticized, as many argue they lack discretion in such matters and should follow ministerial advice.

8. Discretion as University Chancellor:

   • Governors, as chancellors of state universities, have powers under university laws, such as nominating council members or officials.
   • These actions are questioned, with some arguing that governors should follow the advice of the council of ministers rather than acting on their own discretion.