Powers and functions of governor

Background

Article 153 of Indian Constitution lays out that there shall be a Governor for each state
and in some cases, the same person can be appointed as Governor of two or more states
as facilitated by the 7th Constitutional Amendment Act of 1956.

The Governor is the chief executive head of the State. The Governor, on the other hand
also acts as the agent of Central Government which means that his office has a dual role.

Appointment, Tenure and Qualification:

Article 155 lays out that the Governor shall be appointed by the President. The term of
the office of the Governor is usually for 5 years but Article 156 lays out that the Governor
shall hold office only during the pleasure of the President and resignation by the
governor.

Article 157 highlighted that no person shall be eligible for appointment as Governor
unless he is a citizen of India and has completed the age of 35 years.

Conditions of Governor’s Office

According to article 158, there are certain conditions for a person to hold the office of
the Governor. They are

Powers and Functions

The Governor of State possesses executive, legislative, financial and judicial powers
which are briefed as under.

Executive functions:

1. All the executive actions of the state government are taken in his name formally
(Art 166).

2. He is responsible for appointing the Chief Ministers and other Ministers.

3. He appoints the State Election Commissioner and Advocate General.

4. He also appoints the Chairman and members of the State Public Service
Commission but they can be removed only by the President and not the Governor.

5. He cannot delay an emergency in the State but can recommend the imposition of a
constitutional emergency to the President.
 6. He acts as the Chancellor of the State Universities and also appoints Vice-
Chancellors of universities in the state.

Legislative functions:

1. He can summon or prorogue the State Legislature as well as can dissolve the State
Legislative assembly.

2. He addresses the State Legislature at the commencement of each session and also
the first session ever year.

3. In case the office of the speaker or the deputy speaker fall vacant, he can appoint
any member of the State Legislative assembly to preside over its proceedings.

4. He nominates 1/6th of the members of the Legislative council from people with
special knowledge.

5. In consultation with the Election communion, he can decide on disqualifying a

member of the State Legislature.

6. After the bill has been passed in the Legislature, he can give his assent to the bill,
withhold it or return the bill for reconsideration.

7. The most important Legislative function is that he can make ordinances when the
state legislature is not in session and it must be approved by the state legislature
within 6 weeks from its reassembly.

Financial Powers:

1. He ensures that the Annual State Budget (Annual Financial Statement) is laid
before the State Legislature.

2. Only with his prior recommendation can a money bill be introduced in the State
Legislature.

3. If there are any unforeseen circumstances, he can make use of the Contingency
Fund of the state to meet expenditure.

4. He also constitutes a Finance Commission after every 5 years to review the

financial position of the Panchayats and the Municipalities.

Judicial Powers:

1. He has the power to grant pardons, respites, suspension of punishments, the remit
of commute any person convicted of any offence against any law (Article 161).
 2. While appointing Judges of any State High Court, he is consumed by the President.

3. Governor, in consultation with the State High Court, makes appointment, posting
and promotion of District Judges.

The constitutional position of Governor

As the Governor is the nominal head of the state, he is not empowered to exercise real
power. Real power is vested on the Chief Minister and Council of Ministers. Specific
reference has been made in Articles 154, 163 (discretionary power) and 164.

Article 356 maintains that if the State Government is unable to function according to the
provisions laid out in the Constitution, the Union Government can take direct control of
the State Machinery. The Governor of the state can proclaim after he has obtained the
consent of the President of India.

The constitution highlights that the decision of the Governor is final if any question arises
then the matter falls within the discretion of the Governor or not. Hence, it can be said
that he enjoys Constitutional discretion but his action has to be in line with the direction
of the Union government.

Special Powers and Responsibilities of the Governor

Governor is vested with certain special responsibilities on President’s Discretion. Though

he has to consult the Chief Minister and the Council of Ministers, the final action lies at
his discretion. Some of which are as follows:

1. Establishment of Separate development as in Maharashtra; Gujarat; Hyderabad-

and Karnataka.

2. With respect to law and order in Nagaland.

3. With respect to the administration of tribal areas in Assam.

4. Regarding the administration of hill areas in Manipur.

5. For ensuring socio-economic advancement of the different sections of the

population in Sikkim

6. Concerning law and order in Arunachal Pradesh.

Governor’s Position: Judgements and Recommendations

1) In 1974, Shamsher Singh v/s State of Punjab, a Seven-Judge Constitutional bench of

the Supreme Court said, “The Governor has no right to refuse to act on the advice of the
Council of Ministers. Such a position is antithetical to the concept of responsible
Government.” This statement unveil the role of the Governor.

2) In S.R. Bommai vs Union of India case (1994), the Supreme Court verdict ruled out
that the Assembly is the only forum that should test the majority of the Government and
not the opinion of the Governor who is referred to as the agent of Central Government.

3) In Nebam Rebia and Etc, Etc vs Deputy Speaker And Ors (13 July 2016), the Supreme
Court stated that a Governor “cannot have an overriding authority, over the
representatives of the people, who constitute… the state legislature… and/or even the
executive Government functioning under the Council of Ministers with the Chief Minister
as the head”.

 The Administrative Reforms Commission (1968) highlighted that the appointment

of the Governor should not be made based on political affiliation and it also
recommended that the Governor’s report on President’s rule should be based on
subjectivity.

 The Sarkaria Commission (1988) had also emphasized that the Governors should
be a person…from outside of the State, and should be detached and not too
intimately connected with local politics of the state.”

Conclusion

The Governor's powers and functions are carefully defined by the Indian Constitution,
aiming to uphold democratic principles, federalism, and the rule of law. The position of
the Governor emphasizes the importance of maintaining a harmonious relationship
between the center and the states in India's diverse and dynamic political landscape.