CHANAKYA NATIONAL LAW UNIVERSITY

The final draft for the fulfilment of project of Political Science

On

POWERS AND FUNCTIONS OF GOVERNOR IN INDIA

Submitted to:-Dr.S.P.Singh Submitted by: Shreyank Tiwari

Faculty of Political Science Roll no: 1564

1st semester B.A.L.L.B. (Hons.)

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TABLE OF CONTENTS
Acknowledgement................................................................................................. 3
Declaration............................................................................................................ 4
Research Methodology........................................................................................... 5
Aims & Objectives.............................................................................................. 5
Hypothesis.......................................................................................................... 5
Research methodology....................................................................................... 5
INTRODUCTION...................................................................................................... 6
GOVERNOR............................................................................................................ 8
eligibility............................................................................................................. 8
tenure................................................................................................................. 9
powers and functions of a governor...................................................................9
conditions of office........................................................................................... 10
TENURE............................................................................................................ 11
LEGAL IMMUNITY.............................................................................................. 12
POWERS AND FUNCTIONS OF GOVERNOR IN INDIA.............................................13
executive powers.............................................................................................. 13
legislative powers............................................................................................. 15
discretionary powers........................................................................................ 18
judicial powers.................................................................................................. 19
financial powers................................................................................................ 20
miscellaneous................................................................................................... 20
CONCLUSION....................................................................................................... 22
BIBLIOGRAPHY..................................................................................................... 23

ACKNOWLEDGEMENT

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Writing a project is one of the most difficult academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who
gave their support and helped me to complete this project.

First of all I am very grateful to my subject teacher Dr.S.P.Singh without the kind support of
whom and help the completion of the project would have been a herculean task for me. He
took out time from his busy schedule to help me to complete this project and suggested me
from where and how to collect data.

I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project. I want to convey most sincere thanks
to my faculties for helping me throughout the project.

Shreyank Tiwari

DECLARATION

I hereby declare that the work reported in the BA LL.B (Hons.) Project Report entitled
Powers and functions of a governor in India submitted at Chanakya National Law

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University, Patna is an authentic record of my work carried out under the supervision of
Dr.S.P.Singh. I have not submitted this work elsewhere for any other degree or diploma. I
am fully responsible for the contents of my Project Report.

RESEARCH METHODOLOGY

AIMS & OBJECTIVES

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The researcher will do the research on the topic POWERS AND FUNCTIONS OF A
GOVERNOR to know about this provision defined in our Indian Constitution and its effects
and utilization in India.

HYPOTHESIS

1. Governor in a state is a nominal head of a state alike president in the union of India. A
governor is a counterpart of President of India.

2. A governor is a constitutional ruler not a real functionary and acts on advice of Council of
Ministers.

RESEARCH METHODOLOGY

The researcher has primarily relied on the doctrinal method. The research is based on
comprehensive study of resources like Books, Journals, articles, web sources etc.

INTRODUCTION

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Under the Constitution of India, the machinery of the State Government is the same as that of
the Central Government. Like the Union Government, the State Governments are also formed
on the parliamentary pattern.

The Governor is the chief executive of a State in India. The powers and functions of the
Governor of Indian State resembles that of the President of the Union Government. Like the
President, the Governor is also a constitutional ruler, a nominal figure. He is not a real
functionary. Generally speaking, the Governor acts on the advice of the Council of Ministers.

The Governor is appointed by the President of India. He holds office during the pleasure of
the President. Under the Constitution of India, the Governor of a State possesses wide powers
and functions executive, legislative, financial and judicial.1

A governor is, in most cases, a public official with the power to govern the executive branch
of a non-sovereign or sub-national level of government, ranking under the head of state. In
federations, governor may be the title of a politician who governs a constituent state and may
be either appointed or elected. The power of the individual governor can vary dramatically
between political systems, with some governors having only nominal and largely ceremonial
power, while others having a complete control over the entire government.

The adjective pertaining to a governor is gubernatorial, from the Latin root gubernare.2

The provisions related to state executive are in articles 153 to 167. The state executive is
made of Governor, Chief Minister, Council of Ministers and Advocate General. The
executive authority of a state is vested in the Governor; and Governor is the constitutional
head of the state in the same way as President is the Constitutional head of the Union. The
Constitution had provided a Governor for each state but in 1956, the 7th amendment provided
for appointment of same person for two or more states.

The Governor is the head of a state just like the President is the head of the republic. The
Governor is the nominal head of a state, while the Chief Minister is the executive head. All
executive actions of the state are taken in the name of the Governor. However, in reality he
merely gives his consent to the various executive actions. He or she is devoid of taking any

1 http://www.importantindia.com/12242/powers-and-functions-of-governor-of-an-
indian-states/

2 The Mavens' Word of the Day

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major decisions. The real powers in the executive dealings of a state rest with the Chief
Minister and the Council of Ministers.

According to an amendment in the Constitution of India, brought about in 1956, the same
person can be the Governor of two or more states. Apart from the governors in the states,
Lieutenant governors are appointed in Union Territories of Delhi, Andaman Nicobar Island
and Pudducherry. All other union-territories are governed by an Administrative Head (an IAS
officer). The only exception is Chandigarh. The governor of Punjab is also the lieutenant
governor of Chandigarh.3

Article 153 of Indian constitution states that There shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the same person as
Governor for two or more States.

The constitution authorises the governor to promulgate ordinances during the period when the
state legislature is not in session (Article 213).

An ordinance promulgated by a governor has the same force as an act passed by the state
legislature but it ceases to be effective at the expiration of six weeks from the date when the
state legislature re-assembles or before the end of the period if a resolution is passed by the
legislature disapproving the said ordinance.

The Governor is appointed for a period of five years, but holds the office at the pleasure of
the President. He may be removed by the President before the expiry of his term or he may
even resign.

3 http://www.elections.in/government/state-governor.html

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 GOVERNOR

The governors and lieutenant-governors of the states and union territories of India have
similar powers and functions at the state level as that of the President of India at Union level.
Governors exist in the states while lieutenant-governors exist in union territories and in the
National Capital Territory of Delhi. The governor acts as the nominal head whereas the real
power lies with the chief ministers of the states and their councils of ministers.

In India, a lieutenant governor is in charge of a union territory. However, the rank is present
only in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry (the
other territories have an administrator appointed, who is an IAS officer). However, the
governor of Punjab acts as the administrator of Chandigarh. Although lieutenant-governors
do not hold the same rank as a governor of a state in the list of precedence.

The governors and lieutenant-governors are appointed by the President for a term of five
years.

ELIGIBILITY

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for
the post of governor. They are as follows:

A governor must:

1) Be a citizen of India.
2) Be at least thirty-five (35) years old.
3) Not be a member of the either house of the parliament or house of the state
legislature.
4) Not hold any other office of profit.

Constitution of India lays down for the office the Governor of each State. However, one
person can also function as a Governor of two or more states. The President of India appoints
the Governor of each state and while doing so he acts upon the advice of the Prime Minister.

Two important practices regarding the Appointment of a Governor:

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The first practice is that the person being appointed as the Governor is mostly not a resident
of the state for which he is appointed.

Secondly, before appointing a Governor, the Union Governments consults the concerned
State Government particularly the Chief Minister of that State. It is now a respected rule.

Along with these two healthy practices, an unhealthy practice has also developed. Sometimes
defeated or very old political leaders are appointed as Governors. Further, sometimes the
unhealthy practice of wholesale transfers or removals of Governors takes place after a change
of government at the Centre.

TENURE

The Governor is appointed for a period of five years. However, he holds office during the
pleasure of the President. The President can remove or transfer him at any time.

Every person appointed as Governor has to take the oath of his office. It has to be taken in the
presence of the Chief Justice of the concerned State High Court.

POWERS AND FUNCTIONS OF A GOVERNOR

The primary function of the governor is to preserve, protect and defend the constitution and
the law as incorporated in his/her oath of office under Article 159 of the Indian constitution in
the administration of the State affairs. All his/her actions, recommendations and supervisory
powers (Article 167c, Article 200, Article 213, Article 355, etc.) over the executive and
legislative entities of a State shall be used to implement the provisions of the Constitution. In
this respect, the governor has many different types of powers:

Executive powers: related to administration, appointments and removals,

Legislative powers: related to lawmaking and the state legislature, that is Vidhan Sabha or
Vidhan Parishad,

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Discretionary powers: to be carried out according to the discretion of the governor.

Governor is the head of the State. The Constitution gives executive powers of the state to the
Governor. He appoints the Chief Minister and other ministers on the advice of the Chief
Minister. Ministers hold office during the pleasure of the Governor.

The Governor is not a member of the state legislature and yet he is a part of it. All bills
passed by the state legislature become laws only after the signatures of the Governor. He can
withhold his assent or can return a bill (other than a money bill) to the legislature for
reconsideration. But if the bill is passed a second time, he cannot withhold his assent from
that bill. Several legislative measures can be reserved by him for Presidential assent.

A money bill can be introduced in the state legislature only with the prior permission of the
Governor. He orders that the annual budget be placed before the state legislature. The
contingency fund of the state is at his disposal and he can order expenditure out of it to meet
any unforeseen expenditure. In reality these powers are also exercised by him under the
advice of the CM and his State Council of Ministers.

The Governor of the state has some judicial powers. He can influence the appointments,
postings and promotions of the district judges and other judicial officials. He has the power to
grant pardon, reprieve or remission of punishment or to suspend, remit or commute the
sentences of any person, convicted of any offence against any law. While appointing the
Chief Justice and other judges of the State High Court, the President of India consults the
Governor of the Concerned State.

CONDITIONS OF OFFICE

The Governor should not be member of any house of the parliament. If an MP is appointed as
Governor, he needs to vacate his seat. He also should not hold any other office of profit. His
salary, allowances and other privileges are defined by parliamentary law. Parliament enacted
the Governors (Emoluments, Allowances and Privileges) Act, 1982 in this context. Apart
from the free residence, medical facilities and other allowances, a Governor of the state in
India currently draws a salary of Rs. 1,10,000 per month. Salary and Allowances of the
Governor are charged expenditures from the Consolidated Fund of the State. If same person

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is appointed as governor of more than one states, the salary etc. are shared by the concerned
states.

In addition to the monthly salary, the Governor is entitled to a number of special facilities
such as medical facilities, residence facilities, traveling facilities, reimbursement of phone
and electricity bills, and many other allowances. The Governor is provided an official
residence free of rent. The Governor and his or her family is also provided free medical
attendance for life. A fixed amount of money is also allotted as the Governors traveling
expenses across the country.

As the Governor is the nominal head of a particular state in India, he or she is entitled to
reside in the Raj Bhavan of that state, during his or her term of office. Like the President of
India who resides in the Rashtrapati Bhavan in Delhi, each state has a Raj Bhavan, which is
allotted to the Governor and his family. The Governor must vacate the Raj Bhavan on the
expiry of his or her term of office.

A Governor of a particular state is entitled to a fixed pension, as per the Constitution of India.
In August 2013, a Bill for hike in pension for the Governor was initiated. Besides a fixed
pension, a Governor is also entitled to emoluments such as secretarial allowances and
medical benefits for life.

The Governor is not elected by the process of direct or indirect voting (like the Chief
Minister, the Prime Minister or the President). The Governor of a particular state is appointed
directly by the President of India, for a period of five years. The Governor must meet all the
eligibility criteria enumerated above, to be appointed by the President.

TENURE

Although the governor holds office for a term of five years from the date on which he enters
upon his Office, yet this term is subject to pleasure of president. The doctrine of pleasure
has always been used to drop governors any time and thus, Governors have no security of
tenure. Further, a governor can resign from the office by addressing resignation to President.

Term of office of Governor

(1) The Governor shall hold office during the pleasure of the President.

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(2) The Governor may, by writing under his hand addressed to the President, resign his
offifce.

(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term
of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.4

The term of governor's office is normally 5 years but it can be terminated earlier by:

1) Dismissal by the president (usually on the advice of the prime minister of the country)
at whose pleasure the governor holds office. 5 Dismissal of Governors without valid
reason is not permitted.6 However, it is the duty of the President to dismiss a Governor
whose acts are upheld by courts as unconstitutional and malafide
2) Resignation by the governor.

There is no provision for impeachment, as it happens for the president.

LEGAL IMMUNITY

Under Article 361 of the constitution, governor can not be summoned for questioning except
on his voluntary willingness to testify in the court in support of his controversial deeds
though the unconstitutional decisions taken by the governor would be declared invalid by the
courts. The case would be decided by the courts based on the facts furnished by the union
government for the governor's role. As clarified by the Supreme Court in the case
'Rameshwar Prasad & Ors vs. Union of India & ANR 24 January 2006', though governor can
not be prosecuted and imprisoned during his term of office, he can be prosecuted after his
term of office for the guilty committed during his term of governorship as declared earlier by
the courts.7 No governor has resigned on impropriety to continue in office for declaring and

4 http://www.constitution.org/cons/india/p06156.html

5 "Article 156, The Constitution Of India". Archived from the original on 25 July
2012. Retrieved 7 May 2013.

6 "The dismissal of Governors". Retrieved 7 May 2016.

7 "Rameshwar Prasad And Ors vs Union Of India And Anr on 24 January, 2006".
Retrieved 2 July 2015.

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nullifying his decisions as unconstitutional by the courts till now. No criminal case at least on
the grounds of disrespecting constitution is lodged till now against former governors to
punish them for their unconstitutional acts though many decisions taken during the term of
governorship had been declared by Supreme Court as unconstitutional, mala fide, void, ultra
vires, etc.8

POWERS AND FUNCTIONS OF GOVERNOR IN INDIA

Under the Constitution of India, the Governor of a State possesses wide powers and functions
executive, legislative, financial, judicial, and discreationary.

EXECUTIVE POWERS

The executive powers of the State are vested with the Governor and are exercised by him
directly or through officers subordinate to him.

1) The Governor has the power to appoint the Council of Ministers including the Chief
Minister of the state, the Advocate General and the members of the State Public
Service Commission. However, the Governor cannot remove the members of the State
Public Service Commission as they can only be removed by an order of the President.
2) The Governor is consulted by the President in the appointment of the Judges of the
state High Court.
3) The Governor appoints Judges of the District Courts.
4) In case the Governor feels that the Anglo-Indian community has not been adequately
represented in the Vidhan Sabha, he or she can nominate one member of the
community to the Legislative Assembly of the state.
5) In all the states where a bicameral legislature is present, the Governor has a right to
nominate the members, who are persons having special knowledge or practical
experience in matters such as literature, science, art, co-operative movement and
social service, to the Legislative Council.9
8 "The Prevention of Insults to National Honour (Amendment) Act, 1971" (PDF).
Retrieved 2 July 2015.

9 http://www.elections.in/government/state-governor.html

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All the executive actions of the state are taken in his name. He makes rules specifying the
manner in which the orders and other instruments made and executed in his name shall be
authenticated. Further, Governor also can make rules for more convenient transaction of the
business of the state government.

Appointments done by Governor

Appointment of some of the following important functionaries of the State Government is

made by the Governor including.

Chief Minister and Other Ministers

The Chief Ministers is appointed by Governor and other ministers in state are appointed by
him on advice of Chief Minister. The CM as well as other ministers hold their office during
pleasure of the Governor. However, they cannot be removed arbitrarily until Council of
Ministers has confidence of the state assembly. Further, in Bihar, Madhya Pradesh and
Odisha, the governor also appoints a Tribal Welfare Minister.

Chairmen and members of SPSC

Governor also appoints the chairman and other members of State Public Service
Commissions. However, removal of chairmen and members of SPSCs can be done only by
President. Advocate General

Advocate general is the part of state executive and highest law officer of the state. He is
appointed by governor and his retainer is determined by Governor. Advocate general has no
fixed tenure and holds the office during the pleasure of the Governor.

State Election Commissioner

Governor appoints the state election commissioner and determines the conditions of service
and tenure of the later. However, Election Commissioners in states can be removed only in
like manner and on like grounds of a state high court judge.

Vice-chancellors

Governor is the Chancellor of universities in the state and he appoints vice-chancellors in

various universities.

District Judges

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Appointments of persons to be, and the posting and promotion of, district judges in any State
is done by Governor of the State in consultation with the High Court exercising jurisdiction
in relation to such State. {Article 233}

Role in Presidents Rule

Governor has extensive executive powers in terms of imposition of emergency in state under
article 356. Under this article, Governor can send a report to President and recommend
constitutional emergency on the ground that government of the State cannot be carried on in
accordance with the provisions constitution.

Article 154 provides that the executive powers of the State shall be vested in the Governor to
be exercised by him either directly or through officers subordinates to him. The executive
powers of the State shall, extend to the matters with respect to which the legislature of the
State has power to make laws.

Provided that in any matter with respect to which the legislature of a State and Parliament
have power to make laws, the executive power of the State shall be subject to, and limited by,
the executive power expressly conferred by this Constitution or by any law made by
Parliament upon the Union or authorities thereof. (Article 162)

The Chief Minister is appointed by the Governor and other ministers are appointed by the
Governor on the advice of the Chief Minister. The Council of Ministers holds office during
the pleasure of the Governor.

The Council of Ministers is, however, responsible to the State legislature or to the lower
House of such legislature where the legislature consists of two Houses. It means that so long
the Ministers enjoy the confidence of the legislature; they cannot be removed by the
Governor. Thus, the Governor is the constitutional head of the State like the President at the
Centre.

LEGISLATIVE POWERS

As the Governor is said to be a part of the State Legislature, he has the right of addressing
and sending messages, summoning, deferring and dissolving the State Legislature, just like
the President has, in respect to the Parliament. Although these are formal powers, in reality,

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the Governor must be guided by the Chief Minister and his Council of Ministers before
making such decisions.

1. The Governor inaugurates the state legislature and the first session of each year, by
addressing the Assembly, outlining the new administrative policies of the ruling
government.
2. The Governor lays before the State Legislature, the annual financial statement and
also makes demands for grants and recommendation of Money Bills.
3. The Governor constitutes the State Finance Commission. He also holds the power to
make advances out of the Contingency Fund of the State in the case of any unforeseen
circumstances.
4. All bills passed by the Legislative Assembly become a law, only after the Governor
approves them. In case it is not a money bill, the Governor holds the right to send it
back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the
Bill to the Governor the second time, then he has to sign it.
5. The Governor has the power to promulgate an ordinance when the Legislative
Assembly is not in session, and a law has to be brought into effect immediately.
However, the ordinance is presented in the state legislature in the next session, and
remains operative for a total of six weeks, unless it is approved by the legislature.

Powers with regard to state legislature Governor has powers to summon and prorogue state
legislature and dissolve the state assembly. He addresses the first session of the state
legislature after the general elections in the state. He also appoints 1/6th members of the State
legislative Council in states wherever there is bicameral legislature. He also nominates one
member in state legislative assembly from the Anglo-Indian Community if in view, the
community is not well represented.

The powers with regard to Bills

All the bills passed by the state legislatures are sent to the Governor for assent. Once a bill is
sent to Governor for assent, he can: give assent to the bill withhold the assent return the bill
to legislature for reconsideration {if it is not a money bill}. If the bill is re-passed by
legislature with or without amendment, the governor has to give assent to the bill. Reserve
the bill for consideration of the President in circumstances when the bill violates constitution
or is against directive principles of state policy or may involve some kind of conflict with

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union powers or is against the larger interest of country and people or may endanger the
position of the high court in the state.

Ordinance Making Powers

As per provisions of article 213, the Governor has special legislative power of promulgating
the ordinances during the recess of the State legislature. To issue an ordinance, the governor
must be satisfied with the circumstances that make it necessary for him / her to take
immediate action. Governor cannot promulgate an ordinance in any of the three situations
give below: If the ordinance has the provisions which of embodied in a bill would require
presidents sanction. If the ordinance has the provisions which the governor would reserve as
a bill containing them for the presidents sanction. If an act of the state legislature has the
same provisions that would be invalid without the assent of the president. All ordinances
promulgated by the Governor in the state have the same effect and force. The ordinance must
be laid before the state legislature when it reassembles and it must be upheld by the State
legislature, failure to which the ordinance would be invalid.

Powers with respect to Disqualification of members

Governor decides on the question of disqualification of members of the state legislature in

consultation with the Election Commission.

Reports laid by Governor in state legislature

Governor lays the reports of the State Finance Commission, the State Public Service
Commission and the Comptroller and Auditor-General relating to the accounts of the state,
before the state legislature.

The Governor is not a member of the state legislature and yet he is a part of it. All bills
passed by the state legislature become laws only after the signatures of the Governor. He can
withhold his assent or can return a bill (other than a money bill) to the legislature for
reconsideration. But if the bill is passed a second time, he cannot withhold his assent from
that bill. Several legislative measures can be reserved by him for Presidential assent.

The Governor summons and prorogues the sessions of the state legislature. He can dissolve
the state legislative assembly. He nominates 1/6 members of the Legislative Council from
amongst persons having distinguished careers in the field of science, art, literature or social

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service, normally all these functions are performed by the Governor under the advice of the
State Chief Minister.

When the state legislature is not in session, the Governor can issue ordinances. Any ordinance
so issued by the Governor has the same force as the law of the legislature. It, however, ceases
to operate after six weeks from the date on which the state legislature comes into session. It
also ceases to operate when a resolution is passed by the state legislature disapproving the
ordinance. The Governor issues ordinances only on the advice of the state Chief Minister and
his Council of Ministers.

DISCRETIONARY POWERS

1) The Governor can use the following powers, in case :

2) No party gets an absolute majority, the Governor can use his discretion in the
selection of the Chief Minister.
3) An emergency occurs, he can override the advice of the council of ministers. At such
times, he acts as an agent of the President and becomes the real ruler of the state.
4) He uses his direction in submitting a report to the President regarding the affairs of
the state.
5) He can withhold his assent to a bill and send it to the President for his approval.

The discretionary powers of Governor in state are much more extensive in comparison to the
President in centre in India. For example, Article 163 of the constitution says that there shall
be a Council of Ministers in the states with the Chief Minister at the head to aid and advise
the Governor in exercise his functions, except those which are required to be done by the
Governor on his/ her discretion. The constitution further mentions that if any question arises
whether a matter falls within the Governors discretion or not, decision of the Governor shall
be final, and the validity of anything done by the Governor shall not be called in question on
the ground that he ought or ought not to have acted in his discretion. Moreover, what advice
was tendered by the Governor to the Ministry cannot be inquired into a court.

Governor can dissolve the legislative assembly if the chief minister advices him to do
following a vote of no confidence. Now, it is up to the Governor what he/ she would like to
do.

Governor, on his/ her discretion can recommend the president about the failure of the
constitutional machinery in the state.

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On his/ her discretion, the Governor can reserve a bill passed by the state legislature for
presidents assent.

If there is NO political party with a clear cut majority in the assembly, Governor on his/ her
discretion can appoint anybody as chief minister.

Governor determines the amount payable by the Government of Assam, Meghalaya, Tripura
and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for
mineral exploration.

Thus, though the Governor is made the constitutional head of a state like president of India,
yet there is a thin line as the Constitution empowers the Governor to act without the advice of
the Chief Minister and his council and can use discretion on certain matters.

JUDICIAL POWERS

President of India consults the Governor while appointing the Chief Justice and other judges
of the High Courts of the states. President has powers can grant pardon, reprieve, respite or
remission of punishment to persons convicted of an offense against the any law relating to a
matter to which the executive power of the state extends. Further, He cannot pardon a person
awarded capital punishment, although he can convert the same into some other kind of
punishment. Further, Governor has no powers to pardon with respect to a sentence in court
martial.

According to Article 161, the Governor of a State shall have the power to grant pardon,
reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of
any person convicted of any offence under law relating to a matter to which the executive
power of the State extends.

The corresponding provision relating to mercy jurisdiction of the President is enacted in

Article 72. Under Article 161, the Governor has the power to grant pardon, etc., and to
suspend, remit or commute the sentence of any person convicted of any offence against the
law relating a matter of which the executive power of the State extends.

Article 161 provides that the Governor of a State shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence

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of any person convicted of any offence against any law relating to a matter of which the
executive power of the State extends.

In KM. Nanawati vs. State of Bombay, AIR 1961 S.C. 99, the Supreme Court has held that
the power of the Governor to suspend sentences under Article 161 Is subject to the rules made
by the Supreme Court with respect to only those cases which are pending before it in appeal.

The Governor of the state has some judicial powers. He can influence the appointments,
postings and promotions of the district judges and other judicial officials. He has the power to
grant pardon, reprieve or remission of punishment or to suspend, remit or commute the
sentences of any person, convicted of any offence against any law. While appointing the
Chief Justice and other judges of the State High Court, the President of India consults the
Governor of the Concerned State.

The Governor of Bombay, for instance, exercised his power of suspension of punishment in
Commander Nanavatis case. Though it entailed a great controversy between the Executive
and the Judiciary, yet the Bombay High Court held that Bombay Governors suspending the
life sentence of the Commander, pending the disposal of his application for leave to appeal to
the Supreme Court was neither unconstitutional nor contrary to the law. On January 5, 1997,
Assam Chief Minister P.K. Mahanta virtually got a reprieve from Governor of Assam who
asked to answer 24 questions before the latter permits the prosecution of the Chief Minister.10

FINANCIAL POWERS

Money bills in the State legislature cannot be introduced without prior recommendation of
the Governor. Governor ensures that the Budget of the state is laid before the assembly every
year. The Contingency Fund of the state is maintained and administered by the Governor of
the state. Governor can advance money out of it for meeting unforeseen expenditures, but the
money has to be recuperated with the authority of the state legislature. The Governor of the
state receives the report of the States auditor general pertaining to the accounts of the
legislature and puts it before the state legislature.

Oath or Affirmation by the Governor:

10 http://www.yourarticlelibrary.com/governor/powers-of-the-governor-of-a-state-
in-india/49277/

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Before entering upon his office, the governor needs to subscribe to an oath to faithfully
execute his office and to preserve, protect and defend the Constitution, much like President.
The oath is administered by Chief Justice of State High Court.

MISCELLANEOUS

The governor has no role or powers in a contingency situation such as president's rule unless
specifically permitted by the president under articles 160, 356 and 357. Governor is not
permitted to take any decision on his own without state cabinet advise when an elected
government is in charge under the provisions of Part VI of the constitution. Governor's rule is
applicable only to Jammu and Kashmir state. It is often used synonymous with president's
rule in other states.

A Governor enjoys personal immunity from legal liabilities for his official acts. When he is in
office, he is immune from criminal proceedings even in respect of the personal acts. He
cannot be arrested or imprisoned. Civil proceedings against him can be launched against him
during his term for his personal acts only after giving two months notice.

The Governor of a state is not merely a figure head. He can exercise some powers in his
discretion, and independent of the recommendations made by the state Chief Minister.
Governor is not a superfluous highness. The Constitution, as such, makes the Governor of a
state an important factor in the state administration. Even in normal times, when he acts as
the nominal executive head of the state, he can use some discretionary powers.

The Governor acts as the link between the Union and the state. He acts as the agent of the
President in the state both when he acts as the nominal and constitutional head of the state in
normal times as well as when he acts as the real head of the state during the period of
Presidents rule in the state.

It has been because of this role that at times, the Governor becomes a controversial person.
He has to simultaneously act as the agent of the Centre as well as the head of the state

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administration. He can also exercise some powers in his discretion. Some State Governors
have been, at times, at the centre of some controversies.

Several reports of the committees constituted to define the exact role of the Governor of a
state have suggested several practical steps for guiding his multidimensional role. However
till today, the office of the Governor continues to operate as before.

CONCLUSION

The constitution vests the executive powers of the state in the Governor. There is Chief
Minister & his Council of Ministers to aid & advice the Governor. According to Ambedkar
the Governor had no functions what to speak of powers, he had only duties. And the duties of
the Governor he said are mainly two (i) to retain the ministry in Office & to see when to
exercise his pleasure for that purpose in the best possible manner & (ii) to use the ministry, to
warn the ministry & to suggest to the ministry alternation & for reconciliation. He always
acts on the advice of his minister. The powers vested in the Governor are actually exercised
by the ministers. The Governor cannot remove the minister from their office. The Cabinet
remains in office so far as it enjoys the support of the majority party. The Governor summons
the meeting of the Legislative on the advice of the Cabinet. The Governor dissolves the
legislature & orders election on the advice of the Cabinet. He-is not only a rubber stamp but
under-certain circumstances he can act according to his own will. This is called his
discretionary power.

The Governor becomes the agent of the Central Government when the President issues a
proclamation of emergency in the state. The administration of the state is run by the Governor
during the period of emergency. He then acts according to the orders and wishes of the
President.

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 BIBLIOGRAPHY

Websites:
www.elections.in
www.gktoday.in
www.yourarticlelibrary.in
www.constitution.org
upgovernor.gov.in
Books:
Bare act for constitution AR Khan
Introduction to the Constitution of India by DD Basu

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