State Executive: Governor | Constitutional Law - CLAT PG PDF Download

Governor

•  Part VI of the Constitution  focuses on the structure of government in the States listed in the First Schedule. Each State is headed by a  Governor  .
• The Governor's main role is to  preserve, protect, and defend the Constitution  and the law, as outlined in their oath of office. This is crucial for the administration of State affairs.
• The Governor's actions, recommendations, and supervisory powers over the executive and legislative bodies of the State are aimed at  implementing the Constitution  .
• The Governor has:
  •  Executive powers  related to administration, appointments, and removals.
  •  Legislative powers  related to lawmaking for the State Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad).
  •  Discretionary powers  to be exercised at the Governor's discretion.
• Articles  153 to 162  of the Constitution outline the provisions related to the Governor.

Article 153 - Governors of States 

Article 153 of the Indian Constitution lays down the provision for the appointment of Governors in the states. Here are the key points:

•  Governor for Each State:  Article 153 mandates the appointment of a Governor for each state in India.
•  Multiple States:  The same individual can be appointed as the Governor for two or more states, as per the provision in this article.

Article 154 - Executive Power of the State

 Governor's Role in Executive Power 

• The executive power of the State is vested in the  Governor  .
• The Governor exercises this power either  directly  or through  subordinate officers  , following the Constitution.

 Limitations on Governor's Power 

• The article does not transfer any functions from existing laws to the Governor.
• It allows  Parliament  or the State Legislature to assign functions to authorities subordinate to the Governor.

 Supreme Court Interpretations 

• In  Ram Jawaya Kapur v. State of Punjab  , the Supreme Court stated that while the Governor is the Head of the executive in the State, the  Council of Ministers  actually carries out the executive functions.
• In  Samsher Singh v. State of Punjab  , the Court clarified that the Governor acts on the  advice of the Council of Ministers  except in areas where he has discretion. The Governor's discretion should be in harmony with the Council of Ministers.

Article 155 - Appointment of Governor 

• The  Governor of a State  is appointed by the  President of India  .
• The President issues a warrant under his hand and seal to make this appointment.

Article 156 - Term of Office of Governor

• The Governor holds office at the pleasure of the President.
• The Governor can resign by writing to the President.
• Generally, a Governor serves a five-year term from the date of assuming office.
• If a Governor's term ends, they continue in office until a successor is appointed.

 Appointment and Tenure of Governor 

• The  President  has the power to  appoint  and  remove  the Governor of a State.
• Governors are typically appointed for a fixed term of  five years  .
• However, a Governor can be removed by the President before the completion of this term.
• The Governor has the right to  resign  from office by submitting a written resignation to the President.
• The Constitution allows the same person to serve as Governor for  two or more states  if necessary.
• If the position of Governor becomes vacant and a new appointee has not been selected, the outgoing Governor will continue to serve until the successor assumes office.

Article 157 - Qualifications for Appointment as Governor

• The eligibility criteria for appointing a Governor are outlined in Article 157.
• According to this article, a person must be a citizen of India and at least thirty-five years old to be considered for the position of Governor.

Article 158 - Conditions of Governor's Office

Article 158 outlines the conditions and entitlements associated with the office of the Governor in India.

 Eligibility and Restrictions 

• The Governor cannot be a member of either House of Parliament or of a House of the Legislature of any State listed in the First Schedule of the Constitution.
• If a sitting member of Parliament or a State Legislature is appointed as Governor, they will be considered to have vacated their seat on the day they assume office as Governor.
• The Governor is not allowed to hold any other office of profit simultaneously.

 Emoluments and Privileges 

• The Governor is entitled to use their official residence without paying rent.
• The emoluments, allowances, and privileges of the Governor are determined by Parliament through law.
• Until such provisions are made, the Governor is entitled to the emoluments, allowances, and privileges specified in the Second Schedule of the Constitution.

 Appointment as Governor of Multiple States 

• If the same person is appointed as Governor of two or more States, the emoluments and allowances will be allocated among the States in a proportion determined by the President.

 Protections for Emoluments and Allowances 

• The emoluments and allowances of the Governor cannot be decreased during their term of office.

Article 159 - Oath or Affirmation by the Governor 

• Every Governor, or anyone acting in that role, must take an oath or affirmation before starting their job.
• This oath is made in front of the Chief Justice of the High Court for the State. If the Chief Justice is unavailable, the senior-most available judge of that court will officiate.

 Oath or Affirmation Text 

• The oath or affirmation includes a commitment to:
• Faithfully execute the office of Governor.
• Preserve, protect, and defend the Constitution and the law.
• Devote oneself to the service and well-being of the people of the State.

Article 160 - Discharge of the functions of the Governor in certain contingencies

• The President has the authority to make provisions for the discharge of the Governor's functions in unforeseen contingencies not covered in this Chapter.
• In cases of contingencies or emergencies, the President is granted broad discretionary power to establish necessary provisions to enable the Governor to perform his duties as required by the situation.

Section 161 - Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases.

• The  Governor of a State  has the authority to grant pardons, reprieves, respites, or remissions of punishment, as well as to suspend, remit, or commute the sentence of any individual convicted of an offense against any law within the State's executive power.
• This power extends to matters where the State legislature has the authority to make laws. The Governor can exercise these powers without the obligation to hear the concerned parties before deciding on a mercy petition.
• However, if an appeal is pending and the case is sub judice in the Supreme Court, the Governor cannot suspend the sentence under Article 161, although a full pardon is permissible even during the pendency of a case.
• Despite the broad scope of the Governor's power under this article, it is subject to  judicial review  on limited grounds. For example, in the case of  Satpal v. State of Haryana  , the Court annulled the Governor's remission of a sentence due to reliance on incorrect information and incomplete facts.