©) SSS Introduction e © ened * Governor is the head of the State. The executive powers of the state are vested in the Governor. He appoints the Chief Minister. The other iN ministers are appointed on the advice of the Chief Minister. Ministers hold office during the pleasure of the Governor. Perera * All executive actions of the State are taken in the governor's name. He enjoys the same position in the state as the President enjoys in the Centre. ) cy * The position of the Governor is slightly better. Whereas the President as the nominal executive of the Union can rarely use any discretion in the exercise of his powers, the Constitution grants some discretionary powers to the Governor. fp A oni ort Ere Cee ad © ypehereto search©) SSS Method of Appointment * As per Article 155 Governors of the States are appointed by the President of India + Article 156 of the Constitution provides that, the Governor shall hold office during the pleasure of ee of India. The Governor, is thus, an appointee of the Cer rnment in the State and in so far as he acts in his discretion, he shall be answerable to the Union Government. oni me Ere Cea aad HP ypehere to search » @ ah & © 60 5 2C Lhtain AGHA m aa ae 0, Bh©) SSS fT Tenure & Qualifications of the Governor: Art 156-158 @ cS) ened * 1) should be a citizen of India. * (2) should be above the age of 35 years. ce * (3) not to be a member of either House of Parliament or of the Legislature of any state. * (4) should not hold any office of profit in the Government. ~ * Shall hold office for a term of five years. cy oni ort me re CeCe HP ypehere to search » @ ah & © 60 5 2C Lihtain AO GHB m aa ae 0, Bh©) SSS Powers & functions of Governor * As provided by Articles 155 and 156 of the existing Constitution of India, Governors of the States are appointed by the President of India and are answerable to him and hold office during the pleasure of the President of India. * The Governor, thus, is an appointee of the Central Government in the State, and, in so far as he acts in his discretion, he shall be answerable to the Union Government. + Except in matters in which the Governor is required by or under the Constitution to exercise his function in his discretion, the Governor is the Constitutional or formal head of the State and he exercises all his powers and functions on the aid and advice of his council of Ministers. * This is so because our Constitution embodies generally the Parliamentary or Cabinet system of Government of the British Model both at the Union and the States. * The Governor enjoys Executive, Legislative, Judicial, Financial & Discretionary powers Ceca W © rypenererto search eeu eed A eSery Conroy ced ie 329 5 2C Lighttain ASSAM aa ac 2 mR©) SSS Executive Powers @ * As per Article 154, the executive power of the State shall be vested in the Governor who can exercise them directly or indirectly through subordinate Seadaiataaae officers. * The State Government undertakes all executive action in the name of the Governor. * As per Article 164, the Governor has the power to appoint the Chief Minister of A the State, and upon the Chief Minister’s recommendation, the appointment of . other ministers. sitet * As per Article 165, the Governor appoints the Advocate General of the State. + State Election Commissioners and the chairman and 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. * Art.171 (5): In States with bicameral legislature, the Governor can further nominate to the Legislative Council persons with special knowledge or practical experience in matters of literature, art, science, cooperative movement and social service, rie.) Ere Conroy ced 9:42 AM | ken-guvy-pmx = ng OB WO rypehere to search © 60 4 2 Ughtain ASG A a aa enc BE am©) SSS Legislative Powers * Art.174 :The Governor can summon, prorogue, defer or dissolve the State Legislative Assembly. * Art. 175: The Governor addresses the Legislative assembly or if there is a legislative Council either House of the State legislature and send messages to the house or houses of the state legislature. * Art, 163 provides that the Council of ministers headed by the Chief Minister shall aid & advise the Governor in the exercise of his functions except where under the Constitution he is required to exercise his functions in his own discretion. * The Governor has the power to nominate 1/6th of the members of the State Legislative Council. * Art.333: The Governor can nominate a member of the Anglo-Indian community to the Legislative Assembly of the State, should he feel the community is under- represented. Coen | © wypenerero search eeu eee Ceeroas A eer J Cy 5 2 Ughtain AG SEE aa a6 ec CY Cee WY Pres Ons nom %©) SSS eed * As per Article 200, the Governor has the power to assent, withhold, return for reconsideration, or reserve for President's consideration any Bill. But when a Bill which is returned is sent to the Governor the second time, then he has to sign it. * As per Article 213 the Governor the power to promulgate an ordinance when the Legislative Assembly of the State is not in session. The Ordinance must be presented in the next session in the State Legislature when it resumes, and unless approved, remains active for a six-week period. * The Governor lays reports of State Finance Commission, State Public Service ry Commission and Comptroller and Auditor General relating to the account of the State in the Legislative Assembly. eee + The Governor addresses the State Legislature, outlining new administrative policies of the ruling government at the first session every year. Ceeroas J Cy CC oeae | © rypehere to search © 60 5 2 Ughtain AGG A a aa enc. am ec G Coe WY Pres oA7Cet Financial Powers * The Governor constitutes the Finance Commission to oversee financial positions of Panchayats and Municipalities, and, in the case of any unforeseen circumstances, holds the power to make advances out of the State Contingency Fund. * Amoney bill can be introduced in the state legislature only with the prior permission of the Governor. * The Governor ensures that the annual financial statement or State Budget is laid before the State Legislature. Cee © ypehereto search »CG@eSeZe0 60D m eee ed Ceeroas Cee A 7] Peery Pres J re ag SD © co. ACER DW Ad a6 2,©) SSS Judicial Powers + As per Article 161, the Governor can grant pardons, reprieves, respites or remission of punishments, or suspensions, remittances or commutes of sentences of those convicted of an offence to which the executive power of the State extends. * The Governor is consulted by the President, as well as the Chief Justice of India, in the appointment of the Chief Justice to the High Court, judges of the High and District Courts, their postings and promotions. Cee HE © rypehereto search » @Ch & e©@ Oa eed Ceeroas Peery J Ere ag SD © co. ACER DW Ad a6 2, ed CY Cee WY PresCre Se eee) J) eee cerned Discretionary Powers * The Governor may recommend an imposition of the President’s Rule on the President’s behalf, and in such circumstances, override the © @ Council of Ministers and directly handle the workings of the State. * The Governor holds the power to select the Chief Minister when no political party wins a majority in the legislative assembly of the state, or in the Chief Minister’s demise without any obvious successor. J Mw Ceeroas Cee ees Pres re Coe ee ea WP nypenerete search c e° 6/f Gra. ACCOR Ew aw ae MmCre Ordinance making power of the Governor * Article 213 (1) the Governor has the power to promulgate an ordinance only when, firstly the Legislative Assembly is not in session and where there are two Houses in a State, both Houses are not in session and secondly he must be satisfied that such circumstances exists which render it necessary for him to take immediate action The ordinance making power of the Governor is co-extensive with the legislative power of the State Legislature to make laws. He can promulgate ordinances only on the subjects on which the State Legislature has power to make laws under the Constitution, including any Appropriation Bills, under Article 209. He can use this power on the subjects mentioned in state list and concurrent list. Ce © vpeneretosearch C © @ J Jean Vinitha Peter oer ea y M Rees Prt g G Pea Ey nS we ACCA Dwasi ac, OCre Se eee) Case laws * S.K.G Sugar Ltd vs. State of Bihar, AIR 1974 SC 1533, the SC held that t that the necessity of immediate action and of promulgating the ordinances is a matter purely for the subjective satisfaction of the Governor. * State of Punjab vs. Satya Pal Dang, AIR 1969 SC 917, held that the subjective satisfaction of she Governor means his personal satisfaction about the existence of necessity, in the given circumstances, for promulgating an ordinance and such satisfaction is conclusive. * Shiv Ram vs. State of Rajasthan, AIR 2000 Raj. 416, held that the satisfaction of the governor cannot be questioned on the ground of error of judgment or otherwise in court. Cee a te © vpeneretosearch C © @ ened cerned eSery ec ees Peay cry re . vee 2 we A@CADwasi nc. O©) SSS eee * This power is in the nature of emergency power vested with the executive authority to meet unexpected contingency which require immediate action, when the Legislature is not in session. If the Governor is not satisfied abqeers tence of emergent situation, cients then he may use his discre ordinance. ay refuse to promulgate the ees ec N ‘Are you talking? Your mics off re Corals eae ed 1002 aoe Ol WP nypeneretosearen swe ACCA Mm ade©) SSS + There may be other circumstances, when Governor can use his discretion in promulgating an ordinance. ‘+ When Council of Ministers sends any Bill for promulgating it as an ordinance before the Gavernor, he can use his discretion by reserving that proposal for seeking the instructions from the President. + Proviso to Article 213(1) provides that if + (a) Billto that effect would under the constitution have required the previous sanction of the President for its introduction into the State Legislature; + {b) ifthe Governor deems it necessary to reserve a Bill to that effect for the President's consideration; + (c) an act of the State Legislature to that effect would have been invalid under the Constitution without receiving the President's assent, + Thus, the Governor has the discretion to reserve a Bill for the consideration of the President, if he thinks it necessary. oor e and © ypehereto search eed A eSery Pres ee re we ASG Mm aa ac 004 ao Ol©) SSS oan Viritha Peter Pardoning power of Governor sentences in certain cases ~ The Governor of State shall have the power to grant Emm tars fag pcan oad ot lcs eran ow ung aN Narayan Batts. State of Punjab (2011) 4 SCC 333, has held that the exereise Of power Is eSery b)if the Governor transgressed his jurisdiction in exercising the sald power; «) If the Governor had passed the order without applying his ming: D 1) The order of the governor was malafide or €) the order of the Governor was passed on some extraneous considerations Thus, in these judgments concerning the Governor's exercise of pardon, the Court seems tehhave widened the grounds of judicial eview y enumerating specific grounds on which the erant of pardon can be considered arbitrary. ed Cre cx Ere ar end 1048 HO rypeheretosearch =» © ai & ee oa oe KO F REO AN A yor O©) SSS eed Pree In state v .M, Nanavati (1960) 62 Bor. Uk 383 the valdty ofthe Governor’ order rN Shspencing the sentence posed by the Bombay High Court gn Nanavau was Ehalenged onthe pound (eran appen! was peringbefoe the Supreme Court and as Such, tal ha fot conludeg- All ench the Bornbay High Court gsmised the Contention onthe ground that the word tail jpat include the proceedings nan Spal and any ese, he powers under Avie 1% could be eerie at My tape KIM. Nanavati State of Bombay, AIR 1961 SC 112 Nanavati appealed to the Supreme Couet against hi convietion wheres plea was akan bythe appelant to exempt hi om Surrendering to his sentence before the appeal could be heart This plea was taken on the bass of the Governor’ order of suspension of sentence A Constitution Bench, by a majority of four to ane, decised that the power to suspend the sentence ay withthe fount tne Arise 145, ahd though the Governor had the power ieigrant a full pardon at any stage of the proceeding, Including during pendency of the appeal, he could not grant’ suspension atthe sentence when the matter was sub uice Before the Court eSery Ere Coe 1010 WP nypeneretosearen xe @ mh a ©6D a a. OCA Dunawas©) SSS ened in state v KM. Nanavati (1960) 62 Bor. Uk 383 the vali of the Governor’ order iN “hapencirg the sentence posed by the Bombay High Court gn Nanavat wos Ehalenge’ onthe pound ter on appen! was perkingbefare the Saoreme Court and as Such, the al hd fot conludeg- All ench f the Bornbay High Court gsmised the Contention onthe ground that the word tua dil pat include the proceedings nan Sppealand any ese, he powers Under Avie 1% could be exerCae at My tape KM. Nanavati State of Bombay, AIR 1961 SC 112 Nanavat appealed to the Supreme Couet against his eonvetion where's plea was taken by the appeliant to exempt him rom Srenderng this sentence before the appeal could be hear Tl lente gn baa conor xe of agedn lar A, HOU S eSery Ere ea ead 1017 WP nypeneretosearen xe @ mh a ©6D a we ne Gk Gnanes,%™, O©) SSS ere Peon’ to search * Therefore, with respect to the stages at which the various forms of pardoning power can be exercised under the Constitution, the following conclusions have been reached by the Courts: + (a) Pardon can be granted at any stage after commission of the offence, that is, before or after conviction. + Pardon can be granted during pendency of an appeal to a higher court. + (JA sentence cannot be suspended during pendency of appeal to the Supreme Court. eed eSery - Cc —_— Conroy Ue Ere we Ae Sk En an