UPSC COURSE

VIDEO- 72

POLITY

GOVERNOR
 Governor of States (Article 152-162)

PART VI of the Constitution deals with the other half of Indian federalism, ie the States.

Article from 152-237 deals with various provisions related to States.

It covers the executive, legislature and judiciary wings of the states.

Article 152 clarifies about the definition of state, while the next set of articles lists the roles
and responsibilities of the Governors of states.

Article 152 : Definition

In this Part, unless the context otherwise requires, the expression “State”
does not include the State of Jammu and Kashmir.
The Governor is the Constitutional head of the state.

Just like the President of India the Governor of a state is a dejure (constitutional or nominal or titular or Figure) head.
Article 153: 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.

As per the 7th Constitutional amendment act of 1956 same person can be appointed as the
Governor for two or more states.

ARTICLE 154: EXECUTIVE POWER OF STATE

The executive power of the State shall be vested in the Governor and shall be exercised by him
either directly or through officers subordinate to him in accordance with this Constitution.
ARTICLE 155: APPOINTMENT OF GOVERNOR

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Article 156: TERM OF OFFICE OF GOVERNOR

The Governor holds office during the pleasure of the President.

The Governor may, by writing under his hand addressed to the President, resign his office.

Governor shall hold office for a term of five years from the date on which he enters upon his office.
But the term is at pleasure of president .

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR

No person shall be eligible for appointment as Governor unless he is a citizen of India

Has completed the age of thirty-five years.

 ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE

(1) The Governor shall not be a member of either House of Parliament or of a House of the
Legislature of any State

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent to the use of his official residences and
shall be also entitled to such emoluments, allowances and privileges as may be determined by
Parliament

(3A) Where the same person is appointed as Governor of two or more States, the emoluments and
allowances payable to the Governor shall be allocated among the States in such proportion as the
President may by order determine.

(4) The emolument and allowances of the Governor shall not be diminished during his term of office.
ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR

Subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in
relation to the State, or, in his absence, the senior most Judge of that Court available,

ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE (UPPCS 2019)

 REMOVAL:

The Governor may be removed by the President at any time.

TRANSFER:

The President may transfer a Governor from one state to the other.

REAPPOINTMENT

The President may reappoint a person as the Governor of the same state or transfer to the other state
 FUNCTIONS:

The functions of a Governor are similar to that of the President of India.

Executive

Legislative

Judicial

Financial functions.

But the Governor does not have diplomatic, military and Emergency powers like that of the president of India.
 EXECUTIVE POWER

The Governor of a state appoints

The Chief Minister and other Ministers.

Advocate General Chairman and the members of the

State election commissioner
The Chairman and members of the state public service commission
Recommends for the President’s rule in the state.
state Public Service are removed by
the President and not by the governor.
Governor summits the report related
to situations in the state ( Regarding
President Rule) to president. President
may accept the recommendation or
reject it.

Vice Chancellors of various universities in the state.

Himself acts as the Chancellor of Universities in the state.

 LEGISLATIVE POWER

The Governor is a part of State Legislature.

(State Legislature means the assembly, the Legislative Council and the Governor if it is bicameral legislature. In case of
unicameral legislature it is the State legislative assembly and the Governor ).

The Governor summons the State Legislature. (Assembly and Legislative Council).

Summon means beginning of a session.

The Governor Prorogues the State Legislature.

Prorogue means ending of a session.

The Governor dissolves the State Legislative Assembly.

Note: The Legislative Council is a permanent house it cannot be dissolved. But it can be
abolished.

The Governor addresses the state legislature at the beginning of the first session each year.

Note: Here the meaning of year is calendar year and not financial year. This is generally the budget
session that starts in the month of February.

The Governor also addresses the state legislature at the beginning of the first session after each
general election

Note: The general election means the assembly elections in which the people take part in voting.
In case there is a vacancy in the office of both Speaker and Deputy Speaker the Governor can appoint any
member of the State Legislative Assembly to preside over its meeting.

In case there is a vacancy in the office of both Chairman and Deputy Chairman the Governor can appoint
any member of the State Legislative Council to preside over its meeting.

The Governor nominates one Anglo-Indian to the state legislative Assembly. ( Recently Amendment)
 The Governor nominates 1/6th of the members to the state legislative Council from amongst the persons
having special knowledge or practical experience in

•Science
•Arts
•Literature
•Social Service
•Cooperative Movement

The Governor decides the question of disqualification of the members of the State Legislature in
consultation with the Election Commission. (Central Election Commission not State Election
Commission).
A bill becomes a law with the assent of the Governor.

When a bill is sent to the Governor, then the Governor can

Give assent to the bill

OR

Withhold the assent to the bill.

OR

If the bill is not a money bill the Governor can return the bill for reconsideration. If the bill is passed by the
state legislature agsin with or without amendments then the Governor has to give assent to the bill.

Note: Money bills cannot be sent back by the Governor for reconsideration.

OR

The Governor may reserve the bill for the consideration of the President
The Governor of a state can promulgate the ordinances when the state legislature is not in the session.
(Article 213).

Ordinance: This is a temporary law. This must be approved by the State legislature within six weeks from
the date of reassembly of the state legislature.

The Governor can also withdraw an ordinance anytime.

The Governor lays the report of

•State Public Service Commission (SPSC)

•State Finance Commission (SFC)

•Comptroller and Auditor General (CAG)

Note: There is no separate office of CAG at the state level. before the State legislature.
 Bill Reserved by Governor for Presidential Assent

When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President

When the bill is again presented to the President for the assent, the president is not bound to give his assent to
the Bill. This means that the state legislature cannot override the veto power of the President. (In case of
reconsideration by president)

The Constitution has also not prescribed any time limit within which the President has to take decision with
regard to a bill reserved by the governor for his consideration. Hence, the President can exercise pocket veto
in respect of state legislation also.

President can use absolute veto also.

 FINANCIAL POWERS OF THE GOVERNOR

The Governor sees that the budget (Annual Financial Statement) is laid before the State Legislature.

The Money bills can be introduced in the State Legislature only on the prior recommendation of the
Governor.

No demand for a grant can be made except on the recommendation of the Governor.

The Governor can make advances out of the Contingency Fund of a State to meet any unforeseen
expenditure.

The Governor constitutes a State Finance Commission after every five years to review the financial
position of the Panchayats and the Municipalities.
 JUDICIAL POWERS OF THE GOVERNOR

The Governor can grant Pardons, reprieves, respites and remissions of punishments or suspend, remit and
commute the sentence of any person convicted of any offence against any law relating to a matter to which
the executive power of the state extends.

The Governor cannot Pardon a death Sentence. (The President has the power of Pardon a death Sentence).

The Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect
to punishment or sentence by a court martial. (The President of India enjoys this power).

The Governor takes decisions with relation to the appointments, postings, promotions of the District Court
judges in consultation with the state High Court.
 Latest Governors List 2020

S. NO State and U.T. Governor/Lieutenant-Governor/Administrator

1 Andhra Pradesh Shri Biswa Bhusan Harichandan
2 Andaman & Nicobar (UT) Admiral (Retd) Devendra Kumar Joshi
3 Arunachal Pradesh Retired Brigadier BD Mishra
4 Assam Shri Jagdish Mukhi
5 Bihar Faagu Chauhan
6 Chandigarh (UT) Shri V.P. Singh Badnore
7 Chhatisgarh Anusuiya Uikey
Dadra and Nagar Haveli & Daman and Diu (One
8 Shri Vikram Dev Dutt, IAS
UT)
10 Delhi (NCT) Anil Baijal
11 Goa Shri Satya Pal Malik
12 Gujarat Shri Acharya Dev Vrat
13 Haryana Satyadev Narayan Arya
14 Himachal Pradesh Shri Bandaru Dattatreya
15 Jammu and Kashmir (UT) Shri Girish Chandra Murmu
16 Jharkhand Smt. Draupadi Murmu
17 Karnataka Shri Vajubhai Vala
18 Kerala Shri Arif Mohammed Khan
19 Laddakh (UT) Shri Radha Krishna Mathur
20 Lakshadweep (UT) Shri Vijay Kumar IAS
21 Madhya Pradesh Shri Lalji Tandon
22 Maharashtra Shri Bhagat Singh Koshyari
23 Manipur Dr. Najma A. Heptulla
24 Meghalaya Shri Tathgata Roy
25 Mizoram Shri PS Sreedharan Pillai
26 Nagaland Shri R.N. Ravi
27 Odisha Shri Ganeshi Lal

28 Puducherry (UT) Dr. Kiran Bedi

29 Punjab Shri V.P. Singh Badnore
30 Rajasthan Shri Kalraj Mishra
31 Sikkim Shri Ganga Prasad
32 Tamil Nadu Shri. Barnwarilal Purohit
33 Telangana Shri Tamilisai Soundararajan
34 Tripura Shri Ramesh Baish
35 Uttar Pradesh Anandi Ben Patel
36 Uttarakhand Baby Rani Maurya
37 West Bengal Shri Jagdeep Dhankhad