All About The Governor Of A State In India

Part VI of the Constitution deals with the state executive in Articles 153 to 167. The governor, the chief minister, the council of ministers, and the state's advocate general make up the state executive. The governor is the state's chief executive officer. But, like the president, he is only a ceremonial head of state (titular or constitutional head). In addition, the governor serves as a representative of the federal government. As a result, the governor's office serves a dual purpose.

 

Normally, each state has its own governor, but the 7th Constitutional Amendment Act of 1956 made it easier to appoint the same person to serve as governor of two or more states.

 

The American model, in which the governor of a state is directly elected, was rejected by the Constituent Assembly, while the Canadian model, in which the governor of a province (state) is appointed by the Governor-General (Centre), was accepted.

 

He is appointed by the president through a warrant signed and sealed by him. In some ways, he is a central government nominee. The Constitution specifies only two requirements for the appointment of an agovernor. These are the following:

• He should be an Indian citizen.

 

• He ought to have reached the age of 35.

 

In addition, over the years, two conventions have emerged in this regard. To begin, he should be an outsider, meaning he should not be a citizen of the state where he is appointed, in order to be free of local politics. Second, when appointing the governor, the president must consult with the chief minister of the state in question to ensure that the state's constitutional machinery runs smoothly. Both conventions, however, have been broken in some instances.

 

A governor is elected for a five-year term beginning on the day he is sworn into office. This five-year term, however, is subject to the President's pleasure. He can also resign at any time by writing the President a letter of resignation.

 

The President's pleasure is not justifiable, according to the Supreme Court. The governor does not have a fixed term of office or a secure tenure. The President has the authority to remove him at any time.

 

The President may remove a governor for any reason, but the Constitution does not specify what those reasons are.

 

For the remainder of the term, the President may transfer a Governor appointed to one state to another. Furthermore, a Governor who has served his or her term may be reappointed in the same or another state. A governor can stay in office beyond his five-year term until his successor takes over. The underlying idea is that the state must have a governor and that an interregnum is not possible. In any contingency not provided for in the Constitution, such as the death of a sitting governor, the President can make whatever provisions he sees fit for the discharge of the governor's functions. As a result, the chief justice of the concerned state high court may be temporarily appointed to perform the duties of the governor.

 

A governor is similar to the President of India in terms of executive, legislative, financial, and judicial powers. He does not, however, have the president's diplomatic, military, or emergency powers.

 

• All executive actions taken by a state's government are formally taken in his name.

 

• He has the authority to make rules governing the authentication of Orders and other instruments issued and executed in his name.

 

• He has the power to enact rules to make it easier for a state government to conduct its business and to allocate resources among its ministers.

 

• He is the one who appoints the prime minister and other ministers. They also hold office while he is on vacation. In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, he should appoint a Tribal Welfare Minister. The 94th Amendment Act of 2006 exempted the state of Bihar from this provision.

 

• He appoints the state's advocate general and sets his remuneration. The governor appoints the advocate general to his position.

 

• He appoints the state election commissioner and sets his terms of service and office tenure. The state election commissioner, on the other hand, can only be removed in the same way and on the same grounds as a high court judge.

 

• He appoints the state public service commission's chairman and members. They can only be removed by the president, not by the governor.

 

• He has the authority to request from the chief minister any information or legislative proposals relating to the administration of the state's affairs.

 

• He has the authority to order the chief minister to submit to the council of ministers any matter on which a minister has made a decision but which has not been considered by the council.

 

• He has the authority to recommend to the president the imposition of a constitutional emergency in a state. As an agent of the President, the governor has extensive executive powers during the President's rule in a state.

 

• He is the chancellor of the state's universities. He also appoints the vice chancellors of the state's universities.

 

• He has the authority to summon or prorogue the state legislature and dissolve the state legislative assembly; 

 

• He has the authority to address the state legislature at the start of the first session after each general election and the first session of each year.

 

• He has the authority to send messages to the state legislature's house or houses, whether they are related to a bill currently before the legislature or not.

 

• When the Speaker and Deputy Speaker's offices become vacant, he can appoint any member of the State legislative assembly to preside over the proceedings. When the offices of Chairman and Deputy Chairman become vacant, he can appoint any member of the state legislature council to preside over the proceedings.

 

• He appoints one-sixth of the state legislative council members from among those with special knowledge or practical experience in literature, science, art, cooperative movement, or social service.

 

• He can nominate one Anglo-Indian community member to the state legislature assembly.

 

• In consultation with the Election Commission, he makes decisions on whether or not members of the state legislature should be disqualified.

 

a) Give his assent to the bill, or

 

b) Withhold his assent to the bill, or

 

c) Return the bill to the state legislature for reconsideration (if it is not a money bill). The governor, on the other hand, must give his assent to the bill if it is passed by the state legislature again, with or without amendments.

 

d) Place the bill on the president's desk for consideration. In one case, such a reservation is required, namely when a bill passed by the state legislature jeopardises the state high court's position.

 

In addition, if the bill is of the following nature, the governor may reserve it.

1) Ultra-vires, that is, in violation of the Constitution's provisions.

 

2) Opposed to the State Policy Directive Principles.

 

3) It is not in the country's best interests.

 

4) It is of critical national importance.

 

5) Dealing with Article 31A of the Constitution's compulsory acquisition of property.

 

• When the state legislature is not in session, he can enact ordinances. The state legislature must approve these ordinances within six weeks of its reassembly. He has the ability to revoke an ordinance at any time. The governor's most important legislative power is this.

 

• He presents to the state legislature the reports of the State Finance Commission, the State Public Service Commission, and the Comptroller and Auditor-General relating to the state's accounts.

 

• He ensures that the state legislature receives the Annual Financial Statement (state budget).

 

• Only with his approval can money bills be introduced in the state legislature.

 

• No request for a grant can be made unless he recommends it.

 

• He can borrow money from the state's contingency fund to cover any unexpected expenses.

 

• Every five years, he appoints a finance commission to examine the financial situation of the panchayats and municipalities.

 

• He has the power to grant pardons, reprieves, respites, and remissions of punishment, as well as suspend, remit, and commute the sentences of anyone convicted of breaking any law relating to a matter within the state's executive power.

 

• When the president appoints the judges of the concerned state high court, he consults him.

 

• In consultation with the state supreme court, he appoints, posts, and promotes district judges.

 

• In consultation with the state high court and the State Public Service Commission, he also appoints people to the state's judicial service (other than district judges).

 

The Indian Constitution establishes a parliamentary system of government in both the states and the federal government.

 

As a result, the governor has been reduced to a ceremonial role, with the real executive being the council of ministers, led by the chief minister. In other words, except in matters where he is required to act in his discretion, the governor must exercise his powers and functions with the assistance and advice of the council of ministers headed by the chief minister (i.e., without the advice of ministers).

 

The provisions of Articles 154, 163, and 164 must be considered when determining the governor's constitutional position. These are the following:

• The governor shall have executive power over the state, which he may exercise directly or through officers subordinate to him, in accordance with this Constitution (Article154).

 

• There shall be a council of ministers, led by the chief minister, to assist and advise the governor in the performance of his duties, except where he is required to exercise his duties at his discretion (Article 163).

 

• The state's legislative assembly will hold the council of ministers collectively accountable (Article 164). This provision is the cornerstone of the state's parliamentary government.

 

From the foregoing, it is clear that the governor's constitutional position differs from that of the president in the following two ways:

1. While the Governor is allowed to act in his discretion at times under the Constitution, the President is not.

 

2. Ministerial advice has been made binding on the President since the 42nd Constitutional Amendment (1976), but no such provision exists for the governor.

 

If a question arises as to whether a matter falls within the governor's discretion or not, the governor's decision is final, and the validity of anything he does cannot be called into question on the basis that he should or should not have acted in his discretion. In the following situations, the governor has constitutional discretion:

 

• A bill is reserved for the President's consideration.

 

• Recommendation that the state be placed under President's Rule.

 

• In the course of his duties as the administrator of a neighbouring union territory (in case ofadditional charge).

 

• Determining the amount payable to an autonomous Tribal District Council as royalty from mineral exploration licences by the governments of Assam, Meghalaya, Tripura, and Mizoram.

 

• Requesting information from the state's chief minister on administrative and legislative matters.

 

In addition to the express discretion mentioned in the Constitution, the governor, like the president, has situational discretion (i.e., hidden discretion derived from the exigencies of a prevailing political situation) in the following cases:

 

• Appointment of chief minister when no single political party has a clear majority in the state legislature or when the current chief minister dies unexpectedly with no obvious successor.

 

• The council of ministers may be dismissed if it is unable to demonstrate the confidence of the state legislature.

 

• If the council of ministers loses its majority, the state legislative assembly is dissolved.

 

Furthermore, the governor has specific responsibilities to fulfil in accordance with the President's directives. Though the governor must consult the council of ministers, led by the chief minister, in this regard, he acts solely on his own discretion. The following are the details:

 

• Maharashtra: Separate development boards established for Vidarbha and Marathwada.

 

• Gujarat—Separate development boards for Saurashtra and Kutch have been established.

 

• Nagaland—In terms of law and order in the state, as long as the Naga Hills–Tuensang Area's internal unrest continues.

 

• Assam—In terms of the administration of tribal lands.

 

• Manipur—In relation to the administration of the state's hill areas.

 

• Sikkim—For the sake of peace and the social and economic advancement of all sections of the population.

 

• Arunachal Pradesh—In terms of the state's law and order.

 

• Karnataka – A separate development board for the Hyderabad-Karnataka region should be established.

 

As a result, the Indian federal system's governor has a dual role, according to the Constitution. He is the state's constitutional head as well as the Centre's representative (i.e., President).