The State Executive

Chapter 5
 The Governor
• Art 153 provides for the provision of having
Governor in a State.
• One person can be appointed as a governor
for two or more states.
• Executive power of the State vested in the
Governor
• Appointed by the President of India
• A nominee of the Central Government
• Qualification to be a Governor
 Must be a citizen of India
 Must have completed the age of 35 years
 Must not be a member of either House of
Parliament or of the House of Legislature of
any State.
 Shall not hold any other office of profit
• Tenure and Removal
 Hold office for five Years.
 Hold office during the pleasure of the
President.
 Can be removed from his office by the
President acting on the advice of the Council
of Ministers.
Powers of the Governor
Powers of the Governor

Executive Pardoning
Power Power

Financial Legislative
Power Power
• Executive Powers
 Executive power of the state vested in the Governor and is
exercised directly through officers subordinate to him.
Shamsher Singh vs State of Punjab
The appellant who was in subordinate judicial service was
dismissed by the order of the concerned minister without referring
the matter to the Governor. The order was challanged on the
ground that the executive powers are vested in the governor only
and thus minister cannot dismiss the appallent. The court decide
that as governor exercise the power according to the advice of the
council of ministers, thus here the action of the minister will be
considered as the action of the Governor.
• Financial Powers
 Money bill cannot be introduced in the
legislative assembly of the State without the
recommendation of the Governor
 No grants can be made except on the
recommendation of the Governor.
• Legislative Powers
 He summons the House of the legislature to
meet at such time and place as he thinks fit.
 Can prorogue and dissolve the legislative
assembly
 Right to address the state legislature
 Nominates 1/6 of the members of the
legislative council
 Ordinance power
This power is similar to that of the President.
Ordinance can be issued only when two conditions
are fulfilled-
1. When both the houses are not in session
2. In case of any emergency which render it
necessary for him to take action.
 The power is exercised on the advice of the
cabinet.
• The pardoning power
 The powers are same as that of the President
 The difference in powers of president and the
governor-
1. Governor cannot grant pardon in case of
death sentence
2. He cannot grant pardon in case of sentences
given in the court martial.
 Discretionary powers of the governor

• He will be called upon to exercise his

discretion in the following situations-
1. Appointment of the chief minister
2. Dismissing a minister
3. Dissolution of the legislative assembly
4. Advising the President for the proclamation
of an emergency under Art 356.