Governor

      The Constitution of India establishes a parliamentary system in the states, similar to that at the Centre. Part VI of the Constitution pertains to state governance, specifically Articles 153 to 167, which detail the composition and powers of the state executive. The state executive consists of the governor, the chief minister, the council of ministers, and the advocate general of the state. Notably, unlike the central government, there is no position of vice-governor at the state level.

        The governor serves as the chief executive head of the state, but like the President at the centre, the governor acts as a nominal executive head (titular or constitutional head) and functions as an agent of the central government, giving the office a dual role.

         An important provision established by the 7th Constitutional Amendment Act of 1956 allows the same individual to serve as governor for multiple states.

Appointment of Governor

       The governor is not elected by the public or by an electoral college, as is the case with the President. Instead, the President appoints the governor via a warrant under his hand and seal. This makes the governor effectively a nominee of the central government. However, the Supreme Court has ruled that the office of the governor is not an employment position within the central government; it is an independent constitutional office not subordinate to the Central administration.

        Initially, the Draft Constitution proposed direct elections for the governor based on universal adult suffrage. However, the Constituent Assembly ultimately opted for presidential appointment, citing several reasons:

1. 1. Compatibility with Parliamentary System: Direct elections for governors could disrupt the parliamentary system established in states.
   2. Potential for Conflict: Direct elections might lead to conflicts between the governor and the chief minister.
   3. Cost Efficiency: The governor is a constitutional head; thus, intricate election arrangements and expenses for the office would be unnecessary.
   4. Personal Issues: Elections would hinge on personal agendas rather than broader national interests.
   5. Political Neutrality: An elected governor would likely align with a political party, compromising their impartiality.
   6. Separatist Tendencies: Direct elections could foster separatist movements, compromising national unity and stability.
   7. Presidential Control: Presidential nomination allows the Centre to maintain control over the states.
   8. Leadership Challenges: Direct elections could create leadership dilemmas during state general elections.
   9. Quality of Candidates: Ruling parties might nominate lesser-qualified individuals for the governorship.

Consequently, the framers of the Constitution adopted the Canadian model, where the governor is appointed by the Governor-General, rather than the American model of direct election.

Qualifications for Governor

The Constitution specifies two qualifications for an individual to be appointed as a governor:

1. 1. Citizenship: The appointee must be a citizen of India.
   2. Age: The individual must be at least 35 years old.

Conventions

       In addition to the constitutional qualifications, two established conventions have developed over the years regarding gubernatorial appointments:

1. 1. Outsider Status: The governor should preferably be an outsider, meaning they should not belong to the state in which they are appointed to avoid local political biases.
   2. Consultation with Chief Minister: The President should consult the chief minister of the concerned state when making appointments to ensure smooth functioning of the state’s constitutional machinery. However, there have been instances where these conventions have not been strictly adhered to.

Conditions of Governor’s Office

     The Constitution of India outlines specific conditions for holding the office of the governor. These conditions ensure that the governor functions effectively and independently while maintaining a neutral role. The key conditions are as follows:

1. 1. Membership Restrictions: The governor cannot be a member of either House of Parliament or a House of the state legislature. If an individual already serving in such a capacity is appointed as governor, they are deemed to have vacated their seat upon assuming office.
   2. Prohibition on Other Offices: The governor is not permitted to hold any other office of profit while in office.
   3. Official Residence: The governor is entitled to use an official residence (Raj Bhavan) without the payment of rent.
   4. Emoluments: The governor receives emoluments, allowances, and privileges as determined by Parliament.
   5. Shared Compensation for Multiple States: When the same individual serves as the governor for two or more states, the emoluments and allowances are shared among those states in a manner determined by the President.
   6. Fixed Emoluments: A governor’s salary and allowances cannot be reduced during their term of office. In 2018, Parliament increased the governor’s salary from ₹1.10 lakh to ₹3.50 lakh per month.

Privileges and Immunities

Like the President, the governor enjoys several privileges and immunities:

• • Personal Immunity: The governor has immunity from legal liability for official acts. They are protected from criminal proceedings during their term, even regarding personal actions, although civil proceedings can be initiated after giving two months’ notice for personal acts.

Oath of Office

Before assuming office, the governor must make an oath or affirmation, pledging to:

• • Faithfully execute the duties of the office.
  • Preserve, protect, and defend the Constitution and the laws.
  • Devote themselves to the welfare of the people in the state.

This oath is administered by the Chief Justice of the concerned state high court or, in their absence, the senior-most available judge.

Term of Governor’s Office

• • A governor holds office for a term of five years from the date they assume their position. However, this tenure is subject to the President’s pleasure, meaning the President can terminate their appointment at any time.
  • The Supreme Court has clarified that the President’s pleasure regarding a governor’s tenure is not justifiable and that governors lack security of tenure, as they can be removed by the President without specified grounds.

Instances of governors being asked to resign under changing political circumstances have occurred, such as during the National Front Government led by V.P. Singh in 1989 and again in 1991 under P.V. Narasimha Rao when several governors were replaced.

• • The President may transfer a governor to another state or reappoint them once their term expires. A governor can continue to serve beyond their term until a successor takes charge to prevent an interregnum.
  • In contingencies not covered by the Constitution, the President may make provisions for the discharge of the governor’s functions, for example, appointing the chief justice of the concerned state high court to temporarily fulfill the governor’s duties in the event of their death.

The role of the governor is pivotal in the framework of state governance in India. The defined conditions, appointment processes, and safeguards for independence are designed to ensure that the governor oversees the state’s administration while balancing responsibilities between the Centre and state governments.

Powers and Functions of the Governor

     The Governor of a state in India holds a position of significant authority and responsibility, comparable to that of the President at the national level. While the Governor possesses executive, legislative, financial, and judicial powers, they do not have the same diplomatic, military, or emergency powers that the President enjoys. Below is a breakdown of the Governor’s powers and functions:

1. Executive Powers

The executive powers and functions of the Governor include:

1. 1. Execution of State Actions: All executive actions of the state government are conducted in the name of the Governor.
   2. Rule-Making Authority: The Governor can establish rules that determine how orders and other instruments executed in their name shall be authenticated.
   3. Business Transaction Regulations: The Governor can formulate rules for the efficient transaction of government business and the allocation of responsibilities among ministers.
   4. Appointment Powers:
      • The Governor appoints the Chief Minister and other ministers, who hold office during the Governor’s pleasure.
      • In states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, the Governor must appoint a Tribal Welfare Minister, a provision that excludes the state of Bihar as established by the 94th Amendment Act of 2006.
   5. Advocate General Appointment: The Governor appoints the Advocate General of the state and determines their remuneration, with the Advocate General serving at the pleasure of the Governor.
   6. State Election Commissioner: The Governor appoints the State Election Commissioner and defines their conditions of service and tenure, although this official can only be removed in the same manner as a High Court judge.
   7. State Public Service Commission: The Governor appoints the chairman and members of the State Public Service Commission. However, these members can only be removed by the President, not by the Governor.
   8. Information Authority: The Governor has the right to seek information about the administration of state affairs and legislative proposals from the Chief Minister.
   9. Submission of Matters: The Governor can require the Chief Minister to submit for consideration any matters decided by a minister but not yet discussed by the council of ministers.
   10. Recommendation for Emergency: The Governor can recommend the imposition of a constitutional emergency in a state to the President. During President’s Rule, the Governor assumes extensive executive powers as the agent of the President.
   11. Chancellorship of Universities: The Governor acts as the chancellor of universities in the state, with the authority to appoint vice-chancellors.

The Governor plays a crucial role in state governance, acting as a link between the Central and state governments while executing various powers and functions. By understanding the Governor’s powers, we can appreciate how this position contributes to maintaining the federal structure and the effective administration of state affairs in India.

Legislative Powers of the Governor

The Governor plays a crucial role as an integral part of the state legislature in India, possessing several legislative powers and functions, including:

1. 1. Summoning and Dissolving: The Governor has the authority to summon or prorogue the state legislature and to dissolve the state legislative assembly.
   2. Addressing the Legislature: The Governor can address the state legislature at the beginning of the first session after each general election and the first session of each year.
   3. Messagery: The Governor can send messages to either or both Houses of the state legislature concerning bills pending in the legislature or other matters.
   4. Presiding Authority: The Governor can appoint a member of the State Legislative Assembly to preside over its proceedings if both the Speaker and Deputy Speaker’s positions are vacant. Similarly, a member of the Legislative Council can be appointed to preside when both the Chairman and Deputy Chairman positions are vacant.
   5. Nominations: The Governor nominates one-sixth of the members of the State Legislative Council from among individuals with special knowledge or practical experience in literature, science, art, cooperative movements, and social service.
   6. Anglo-Indian Nominee: The Governor can nominate one member to the State Legislative Assembly from the Anglo-Indian community.
   7. Disqualification Decisions: The Governor decides on the disqualification of members of the state legislature in consultation with the Election Commission.
   8. Bill Assent: After a bill is passed by the state legislature, the Governor has the authority to:
      • Give assent to the bill.
      • Withhold assent to the bill.
      • Return the bill (if it is not a money bill) for reconsideration. If the bill is passed again by the state legislature, with or without amendments, the Governor must give assent.
      • Reserve the bill for the President’s consideration, especially when it threatens the position of the state High Court or has significant implications.
   9. Ordinance-Making Power: The Governor can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks of reconvening and can be withdrawn at any time.
   10. Reports Presentation: The Governor presents reports from the State Finance Commission, State Public Service Commission, and the Comptroller and Auditor General regarding the state’s accounts to the state legislature.

Financial Powers of the Governor

The Governor also holds several financial powers:

1. 1. Annual Financial Statement: The Governor ensures that the Annual Financial Statement (state budget) is presented before the state legislature.
   2. Money Bills Recommendation: Money bills can only be introduced in the state legislature with the Governor’s prior recommendation.
   3. Demand for Grants: No demand for grants can be made without the Governor’s recommendation.
   4. Contingency Fund: The Governor can make advances from the state’s Contingency Fund to address unforeseen expenditures.
   5. Constituting Finance Commissions: The Governor establishes a finance commission every five years to review the financial position of panchayats and municipalities.

Judicial Powers of the Governor

The judicial powers of the Governor include:

1. 1. Pardoning Powers: The Governor has the authority to grant pardons, reprieves, respites, and remissions of punishment or to suspend, remit, or commute sentences for offences under state laws.
   2. Judicial Appointments: The Governor is consulted by the President when appointing judges to the concerned state High Court.
   3. District Judge Appointments: The Governor makes appointments, postings, and promotions for district judges in consultation with the state High Court.
   4. Judicial Service Appointments: The Governor appoints individuals to the judicial service of the state (excluding district judges) in consultation with the state High Court and the State Public Service Commission.

Discretionary powers of Governor

Extent of the Governor’s Discretionary Powers:

The Governor’s discretionary powers are outlined in Article 163(1), stating that the Governor may act at their discretion in cases where the Constitution specifically provides such power. The key areas include:

• Appointment of the Chief Minister (Article 164):
  • When no party secures a clear majority, the Governor decides who should be invited to form the government.
  • Example: Maharashtra (2019) – Governor’s decision to invite a party to form the government at odd hours led to judicial intervention.

• Dissolution of the Legislative Assembly (Article 174, 356):
  • If the government loses the majority or there is a hung assembly, the Governor can recommend the dissolution of the Assembly.
  • Example: Jharkhand (2022) – Governor delayed deciding on CM Hemant Soren’s disqualification, leading to uncertainty.

• Recommendation of President’s Rule (Article 356):
  • If the Governor reports a constitutional breakdown, the President can impose President’s Rule in the state.
  • Example: Karnataka (1989), Bihar (2005), Uttarakhand (2016) – Judicial review limited its misuse.

• Reserving a Bill for the President’s Consideration (Article 200 & 201):
  • The Governor can withhold assent or refer a state bill to the President if it contradicts Union laws or the Constitution.
  • Example: West Bengal’s Citizenship-Related Bill – Sent for Presidential consideration.

• Discretion in Summoning the Assembly (Article 174):
  • The Governor can decide whether to summon or delay the Assembly session.
  • Example: Rajasthan (2020) – Governor delayed calling the Assembly amid political turmoil.

• Determining the Qualification of Legislators (Article 192):
  • If there is a dispute regarding the disqualification of an MLA, the Governor refers it to the Election Commission and acts on its advice.

Limitations on the Governor’s Discretionary Powers:

• Bound by the Aid and Advice of the Council of Ministers (Article 163(2)):
  • The Governor is not an independent authority and must act per the advice of the state government, except in matters of discretion.
  • SC Verdict: Shamsher Singh v. State of Punjab (1974) – The Governor is bound by the advice of ministers in all matters where discretion is not explicitly mentioned.

• Judicial Review of Discretionary Powers:
  • SC Verdict: S.R. Bommai v. Union of India (1994) – The Governor’s recommendation for President’s Rule is subject to judicial review.
  • Nabam Rebia v. Deputy Speaker (2016) – Governor cannot interfere in legislative matters arbitrarily.

• Recommendations of Commissions:
  • Sarkaria Commission (1983): Suggested that the Governor should act impartially and not be influenced by political considerations.
  • Punchhi Commission (2010): Recommended specific guidelines for appointing the Governor to prevent misuse of power.

• Legislative Oversight:
  • The Governor’s actions can be questioned in the Legislature, and in a democracy, the Council of Ministers is accountable to the Legislative Assembly.

Some Examples of Political Controversies:

• Misuse of Discretionary Powers in Government Formation:
  • Maharashtra (2019), Karnataka (2018) – Governors invited certain parties despite unclear majorities, raising allegations of bias.
  • In 2016, Arunachal Pradesh and Uttarakhand, the Governors’ recommendation for President’s Rule (Article 356) was overturned by the Supreme Court, reaffirming judicial review of Governor’s discretion.

• Delays in Assent to Bills:
  • Kerala (2023), Tamil Nadu (2022) – Governors withheld assent to state bills, leading to a strain in Centre-State relations.

• Governor’s Role in President’s Rule:
  • The arbitrary use of Article 356 led to multiple instances of Supreme Court intervention, ensuring constitutional safeguards.

 The Governor’s powers in legislative, financial, and judicial domains are crucial in ensuring the smooth functioning of state governance while maintaining a connection to the Central government. These powers allow the Governor to act as a constitutional head of the state, fostering a framework that supports both federalism and local governance. The functions of the Governor are designed to uphold the Constitution and serve the interests of the citizens within the state.

Comparing Veto Powers of President and Governor

The powers related to the passage of ordinary bills, money bills, and the exercise of veto by the President and the Governor have distinct procedures and implications. Below is a comparison outlining these differences:

Comparing Ordinance-Making Powers of President and Governor

Comparing Pardoning Powers of the President and the Governor

Constitutional Position of the Governor

     The Constitution of India establishes a parliamentary system of governance in the states, similar to that at the national level. Consequently, the Governor serves as a nominal executive—a position that operates within a framework defined by the Chief Minister and the council of ministers. The powers and functions of the Governor are articulated in several Articles, particularly Articles 154, 163, and 164.

Roles of the Governor

• • Executive Head: The Governor is recognized as the chief executive head of the state but functions mainly on the advice of the council of ministers, except in situations where discretion is exercised.
  • Appointment of Governors: The Governor is appointed by the President and can serve in more than one state due to provisions in the 7th Constitutional Amendment Act of 1956.

Key Articles Related to the Governor’s Office

1. 1. Article 153: Establishes the role of Governors in the states.
   2. Article 154: Vest the executive power of the state in the Governor, who exercises it either directly or through subordinate officers.
   3. Article 155: Details the appointment process for the Governor.
   4. Article 156: Defines the term of office for Governors.
   5. Article 157: Outlines the qualifications required for a person to be appointed as a Governor.
   6. Article 158: Specifies the conditions governing the Governor’s office.
   7. Article 159: Describes the oath or affirmation required of the Governor upon taking office.
   8. Article 160: Discusses the discharge of functions under certain contingencies.
   9. Article 161: Grants the Governor the power to grant pardons and reprieves.
   10. Article 162: Extends the executive power of the state.
   11. Article 163: Asserts that the council of ministers aids and advises the Governor.
   12. Article 164: Covers provisions related to the appointments, terms, and salaries of ministers.
   13. Article 165: Pertains to the appointment of the Advocate-General for the state.
   14. Article 166: Discusses the conduct of business in the state government.
   15. Article 167: Details the Chief Minister’s duties regarding information provision to the Governor.
   16. Article 174: Addresses the sessions of the state legislature, including prorogation and dissolution.
   17. Article 175: Grants the Governor the right to address the legislature and send messages.
   18. Article 176: Involves the special address by the Governor.
   19. Article 200: Relates to the Governor’s assent to bills passed by the state legislature.
   20. Article 201: Regulates bills reserved for the President’s consideration.
   21. Article 213: Authorizes the Governor to promulgate ordinances.
   22. Article 217: Involves consultation with the President regarding the appointment of High Court judges.
   23. Article 233: Addresses the appointment of district judges by the Governor.
   24. Article 234: Concerns appointments to the judicial service of the state, excluding district judges.

The office of the Governor is critical in upholding the parliamentary system of governance within states while serving as a link between the state and Central governments. The constitutional provisions aim to ensure the Governor functions with independence and integrity, providing a balance of power in the Indian federal system. While the Governor’s role is significant, it also carries with it