Governor
- The Constitution of India adopts a parliamentary system of government for the states, similar to that of the Centre. This framework is elaborated in Part VI of the Constitution, which deals with State Government.
- The State Executive comprises the following:
- Governor
- Chief Minister
- Council of Ministers
- Advocate General of the State
- The Governor is the chief executive head of the state but functions as a nominal or constitutional head, much like the President at the Centre. The real executive power lies with the Council of Ministers headed by the Chief Minister.
- Additionally, the Governor performs a dual role:
- As the Constitutional Head of the State.
- As an agent of the Union Government, especially in matters of central-state coordination and administration.
- The 7th Constitutional Amendment Act, 1956 enabled the appointment of the same person as Governor for two or more states, thus allowing for administrative convenience and uniformity.
Appointment of the Governor
- Unlike the President of India, who is elected, the Governor of a state is not elected either directly or indirectly. Instead, the Governor is appointed by the President of India under Article 155 of the Constitution. The appointment is made by warrant under the President’s hand and seal.
- In the landmark Hargovind Pant case (1979), the Supreme Court clarified that:
- “The office of the Governor is not an employment under the Government of India. It is an independent constitutional office. The Governor is not under the control of or subordinate to the Central Government.”
- This judgment reinforces the Governor’s status as a constitutional authority rather than a political appointee in the administrative hierarchy of the Centre.
Qualifications
- As per Article 157, a person must meet the following criteria to be eligible for appointment as Governor:
- Must be a citizen of India
- Must have completed 35 years of age
Conditions of the Governor’s Office (Article 158)
Article 158 of the Constitution lays down the conditions of office for a Governor to ensure impartiality and independence while discharging duties.
- No Membership of Legislatures
- The Governor shall not be a member of Parliament or any state legislature; if such a person is appointed, they are deemed to have vacated the seat on the day of assumption of office.
- No Office of Profit
- The Governor shall not hold any other office of profit.
- Official Residence
- The Governor is entitled to use the official residence (Raj Bhavan) rent-free.
- Emoluments and Allowances
- The Governor receives salary, allowances, and privileges as determined by Parliament.
- If Appointed for Two or More States
- When one person is Governor of more than one state, the emoluments and allowances are shared by the states in a proportion determined by the President of India.
- The Governor’s emoluments and allowances cannot be reduced during their term of office.
Privileges and Immunities
Like the President, the Governor enjoys certain constitutional protections:
Term of the Governor’s Office
As per Article 156 of the Constitution:
- Five-Year Term
- The Governor holds office for a term of five years from the date on which they enter office.
- He/She holds Office at the Pleasure of the President
- The Governor can be removed by the President at any time.
- This means the five-year term is not absolute.
- Resignation:
- A Governor may also resign at any time by submitting a resignation letter to the President.
- Continuation Beyond Term
- A Governor can continue to hold office even after the expiry of the five-year term until a successor takes charge.This ensures that there is no interregnum in the functioning of the state executive.
Key Points for UPSC
- The term is not fixed and is subject to the pleasure of the President.
- There is no provision for reappointment, but a Governor can be reappointed or transferred to another state.
- The Constitution does not specify grounds or procedure for removal.
Transfer and Reappointment
- The President may transfer a Governor from one state to another for the remaining term.
- A Governor whose term has ended can be:
- Reappointed in the same state, or
- Appointed as Governor of another state.
Contingency Provisions
- In case of death or absence of the sitting Governor, the President may make alternative arrangements.
- Often, the Chief Justice of the High Court is appointed to temporarily discharge the duties of the Governor.
Powers and Functions of the Governor
The Governor is the constitutional head of the state and exercises powers under the Constitution of India (Articles 153–162), similar to the President at the Union level. However, most powers are exercised on the advice of the Council of Ministers headed by the Chief Minister, except in cases where discretion is permitted.
Executive Powers
- All executive actions of the state government are formally carried out in the name of the Governor.
- He/she can make rules specifying the manner in which the Orders and other instruments made and executed in his/her name shall be authenticated.
- He/she can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.
- Appoints:
- The Chief Minister and other ministers (hold office at Governor’s pleasure).
- A Tribal Welfare Minister in Chhattisgarh, Jharkhand, MP, and Odisha (not in Bihar – excluded via 94th Amendment Act, 2006).
- The Advocate General of the State:
- Governor appoints the advocate general of a state and determines his/her remuneration. The advocate general holds office during the pleasure of the governor.
- The State Election Commissioner (removal process similar to that of HC judges).
- Governor appoints the state election commissioner and determines his/her conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.
- The Chairman and Members of the State Public Service Commission (removal only by the President).
- Governor can seek information from the Chief Minister on state affairs and require matters decided by individual ministers to be submitted to the full council of ministers.
- Governor can recommend President’s Rule (Article 356) in case of breakdown of constitutional machinery.
- Exercises extensive executive authority as the President’s agent during President’s Rule.
- Governor acts as the Chancellor of state universities and appoints Vice-Chancellors.
Legislative Powers
The Governor is an integral part of the State Legislature and performs several legislative functions:
- Summons, prorogues, and dissolves the State Legislative Assembly.
- Addresses the first session after general elections and the first session of every year.
- Can send messages to the legislature on pending bills or matters.
- Appoints presiding officers when Speaker/Deputy Speaker or Chairman/Deputy Chairman positions fall vacant.
- Nominates:
- He/she 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.
- Earlier, one Anglo-Indian member in the State Legislative Assembly (now discontinued via 104th Constitutional Amendment Act, 2019).
- Decides disqualification of legislators in consultation with the Election Commission.
- Assent to Bills:
- Assents to or withholds assent from a bill.
- Can return a non-money bill for reconsideration.However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his/her assent to the bill.
- Can reserve a bill for the President’s consideration in certain cases (e.g., affecting the HC’s position, ultra vires, national importance). In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court.
- Promulgates Ordinances (Article 213) when the legislature is not in session—valid for 6 weeks after reassembly.
- Lays reports like State Finance Commission, State Public Service Commission, and CAG before the legislature.
Financial Powers
- Governor sees that the Annual Financial Statement (state budget) is laid before the state legislature.
- Money Bills can be introduced only with prior recommendation of the Governor.
- No demand for grants can be made without Governor’s recommendation.
- Can authorize withdrawals from the Contingency Fund of the State to meet any unforeseen expenditure.
- Constitutes State Finance Commission every five years to evaluate finances of panchayats and municipalities.
Judicial Powers
- Can grant pardons, reprieves, respites, remissions, or commute sentences for offences under state laws (Article 161).
- Consulted by the President while appointing High Court judges.
- Appoints, promotes, and posts district judges in consultation with the High Court.
- Appoints other judges of the state judiciary (excluding district judges) in consultation with the High Court and State Public Service Commission.
Circumstances for Reserving a Bill for the President’s Assent
- While Article 200 of the Constitution empowers the Governor to reserve certain bills for the consideration of the President, the Governor must reserve a bill in one specific instance:
- When the bill endangers the position of the High Court, as per constitutional provisions.
- In addition, the Governor may also reserve a bill if it falls under any of the following categories:
- Ultra vires
- If the bill is against the provisions of the Constitution.
- Opposed to Directive Principles
- If the bill violates or is contrary to the Directive Principles of State Policy (Part IV).
- Contrary to National Interest
- Of Grave National Importance
- Property Acquisition under Article 31A
- If the bill involves compulsory acquisition of property and falls within the ambit of Article 31A, which provides certain immunities to land reform laws from being challenged in court.
Veto Power of the Governor: Ordinary vs Money Bills
Under Article 200 and Article 201 of the Constitution, the Governor of a state has defined powers regarding assent to state bills.
Ordinary Bills
- After being passed by the State Legislature (either by the Legislative Assembly alone or by both Houses in case of a bicameral legislature), every ordinary bill is presented to the Governor.
- The Governor has four options:
- Give Assent
- The bill becomes a law (Act).
- Withhold Assent
- This is the absolute veto. The bill dies and does not become law.
- Return the Bill (Suspensive Veto)
- The Governor may return the bill (except a Money Bill) for reconsideration.
- If the Legislature passes it again (with or without amendments), the Governor is constitutionally bound to give assent.
- Reserve the Bill for the President
- In certain circumstances, the Governor may reserve the bill for President’s consideration (as per Article 200).
- Once reserved, the Governor plays no further role.
- If the President gives assent, the bill becomes an Act.
- If the President returns the bill for reconsideration and the Legislature passes it again, it must be resent to the President only, not to the Governor.
Money Bills
- After passage by the State Legislature, a money bill is also presented to the Governor, who has only three options:
- Give Assent
- Withhold Assent
- Reserve the Bill for the President
- The Governor may reserve a money bill for President’s consideration.
- Once reserved, the Governor has no further role.
- If the President assents, the bill becomes law.
- Return Not Allowed:
- The Governor cannot return a money bill for reconsideration of the State Legislature.
- “Normally, the Governor gives assent to a Money Bill because it is introduced in the State Legislature only with his/her prior recommendation.”
Ordinance-Making Power of the Governor (Article 213)
- The Governor of a state is empowered to promulgate ordinances when the State Legislature is not in session, and immediate action is required.
- Constitutional Provisions
- Only when the Legislative Assembly (in unicameral states) or both Houses (in bicameral states) are not in session.
- However, if either House is not in session (in bicameral legislatures), the Governor can issue an ordinance.
- This is because a law requires passage by both Houses, so even if one House is in session, legislation cannot proceed fully.
- Conditions for Promulgation
- The Governor must be satisfied that circumstances exist requiring immediate legislative action.
- Subject-Matter Limitations
- The ordinance-making power is co-extensive with the legislative powers of the State Legislature.
- This means the Governor can only issue ordinances on subjects listed in the State List or Concurrent List (provided Parliament is not legislating on the same subject).
- Features of a State Ordinance
- Equal Force as a Law
- An ordinance has the same force and effect as an Act passed by the State Legislature.
- Subject to Constitutional Limits
- It is subject to the same constitutional limitations as an Act of the legislature.
- For instance, it must not violate Fundamental Rights, and must respect the distribution of legislative powers.
- Non-Discretionary Power
- The Governor’s ordinance-making power is not discretionary.
- He/she must act on the aid and advice of the Council of Ministers headed by the Chief Minister.
- Duration and Approval
- Laying Before Legislature
- An ordinance must be laid before the State Legislature when it reassembles.
- Automatic Expiry
- An ordinance ceases to operate six weeks after the legislature reassembles, unless it is approved by the House(s).
- Earlier Disapproval
- It can cease to operate earlier if a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council (in case of a bicameral legislature).
- Withdrawal
- The Governor can withdraw an ordinance at any time before its expiry.
- Restrictions on Governor’s Ordinance-Making Power
- The Governor cannot promulgate an ordinance without the instructions of the President in the following three specific cases:
- If a bill containing the same provisions would have required the prior sanction of the President before introduction in the State Legislature.
- If the Governor would have considered it necessary to reserve such a bill for the President’s consideration.
- If an Act of the State Legislature containing the same provisions would be invalid without receiving the President’s assent.
- These provisions ensure that the Governor does not bypass constitutional checks in areas where central oversight is mandatory.
Pardoning Power of the Governor
- Article 161 empowers the Governor of a state to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of an offence against a law relating to a matter to which the executive power of the state extends.
- Scope and Limitations
- The Governor can only pardon offences against state laws, not central laws.
- The Governor cannot pardon death sentences.However, he can suspend, remit, or commute a death sentence.
- The Governor cannot grant pardon for court martial offences.
The Governor occupies a unique position in India’s federal structure — as the constitutional head of the state and the link between the Centre and the states. While the office is intended to be apolitical and ceremonial, the presence of discretionary powers and the practice of central appointments have often led to friction between the Centre and states. Various commissions, including Sarkaria and Punchhi, have recommended reforms to make the Governor’s role more impartial and in harmony with the spirit of cooperative federalism. Strengthening the credibility and neutrality of the Governor’s office is essential to uphold the constitutional balance and promote a healthy Centre–State relationship.
FAQs
1. Who appoints the Governor of a state?
The President of India appoints the Governor under Article 155.
2. What is the term of office of the Governor?
The Governor holds office for a term of 5 years, but serves at the pleasure of the President . He/she can be removed earlier or continue beyond 5 years until a successor is appointed.
3. Can a Governor be transferred to another state?
Yes. The President can transfer a Governor from one state to another.
4. Is the Governor elected?
No. The Governor is not elected, unlike the President. He/she is appointed by the President and is a nominated head of the state.
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