Powers and functions of the Governor exercises with aid and advice from the council of ministers headed by the Chief Minister. Governors are the state's highest executive officers, appointed by the president of India. However, the Governor needs to act with discretion in some issues without the advice of the Council. In terms of discretionary powers, it is said that the governor has far more discretionary power than the President. In this article, let us see the different powers and functions of the Governor which is important in UPSC IAS exam preparation.

Powers and functions of the Governor

• Part VI of the Constitution, Articles 153 to 167, deals with the state executive. The governor, chief minister, council of ministries, and state attorney general make up the state executive.
• The governor is the state's chief executive officer. But, like the president, he is only a ceremonial executive.
• The governor also represents the central government. As a result, the governor's office serves a dual purpose.
• The governor is the constitutional head of state, bound by the recommendations of his cabinet.
• He serves as an important connection between the Union and State governments.
• A governor has executive, legislative, financial, and judicial powers similar to the President of India.
• He does not, however, have the president's diplomatic, military, or emergency authorities.
• The governor's powers and functions can be explored under the following headings:
  • Executive power.
  • Legislative power.
  • Financial power.
  • Judicial power.

Executive Powers

• All executive actions of a state's administration are legally taken in the name of Governor.
• He can create regulations governing how Orders and other instruments produced and executed in his name are verified.
• He appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister of the State.
• He appoints other members of the Council of Ministers on the recommendation of the Chief Minister.
• He should appoint a Tribal Welfare Minister in the states of Chattisgarh, Jharkhand, Madhya Pradesh, and Odisha. The 94th Amendment Act of 2006 exempted the state of Bihar from this provision.
• He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.
• He appoints the advocate general of a state, state election commissioner and chairman and members of the state public service commission.
• He directly rules a State when there is the imposition of the President’s rule in the State.
• He may ask the chief minister to bring to the council of ministers any topic on which a minister has made a decision but which has not been reviewed by the council.
• He has the authority to propose to the president the declaration of a state of constitutional emergency.
• As an agent of the President, the governor has considerable administrative powers in a state during the President's reign.

Legislative Powers

• Under Article 175 Right of the Governor to address and send messages to the house or houses of the state legislature.
• Under Article 213 he can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly.
• Every bill passed by the state legislature will become law only after his signature. But, when a bill is sent to the Governor after it is passed by the legislature, he has the option to give his assent to the bill or withhold his assent to the bill or return the bill for the reconsideration of the legislature.
• When the offices of Speaker and Deputy Speaker become empty, he has the authority to designate any member of the State legislative assembly to preside over its operations.
• Similarly, he can select any member of the state legislature council to preside over its operations if both the Chairman and Deputy Chairman positions become vacant.
• He nominates one-sixth of the state legislative council members from among those with specific expertise or practical experience in literature, science, art, cooperative movement, and social service.
• He can nominate one member to the State Legislative Assembly from the Anglo-Indian Community.
• In consultation with the Election Commission, he makes decisions on the disqualification of members of the state legislature.
• He presents to the state legislature the reports of the State Finance Commission, the State Public Service Commission, and the Comptroller and Auditor-General concerning the state's accounts.

Financial Powers

The governor's financial authorities and functions are as follows:

• He ensures that the Annual Financial Statement (state budget) is presented to the state legislature.
• Only with his previous approval may money legislation be submitted in the state legislature.
• No grant request may be filed unless he recommends it.
• He can make loans from the state's contingency fund to cover any unanticipated expenses.
• Every five years, he appoints a finance commission to assess the financial situation of the panchayats and municipalities.

Judicial Powers

The governor has the following judicial powers and functions:

• He can grant pardons, reprieves, respites, and remissions of punishment, as well as 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.
• When the president appoints judges to the relevant state high court, he consults with him.
• In cooperation with the state high court, he appoints, posts, and promotes district judges.
• In cooperation with the state high court and the State Public Service Commission, he also selects people to the state's judicial service (other than district judges).

Discretionary power of Governor

The Governor can use these powers as discretionary:

• If no party obtains an absolute majority, the Governor may choose the Chief Minister at his discretion.
• During an emergency, he has the authority to disregard the recommendations of the ministerial council. In such situations, he functions as the President's representative and becomes the true ruler of the state.
• He utilises his authority to give a report to the President on the state's affairs.
• He might refuse to sign a measure and instead refer it to the President for approval.

Conclusion

A state's governor isn't only a figurehead. He has a few powers in his prudence, and he is not bound by the ideas of the state Chief Minister. Governor is far from a useless position. The Governor serves as a link between the federal government and the state government. He serves as the President's operator in the country both when he serves as the nominal and constitutional head of the state on regular occasions and when he serves as the entire head of the state during the period of the President's rule.

FAQs

Q1: What is the role of the Governor in Indian states?

Q2: What are the executive powers of the Governor?

Q3: How does the Governor exercise legislative powers?

Q4: What are the Governor's discretionary powers?

Q5: Can the Governor of a state act independently of the Chief Minister and the state government?

MCQs

1. Who appoints the Governor of a state in India?

a) Prime Minister

b) President of India

c) Chief Minister

d) Parliament

2. Which of the following is NOT a power of the Governor?

a) Summoning the state legislature

b) Appointing the Chief Justice of the High Court

c) Reserving bills for the President's assent

d) Recommending President’s Rule

3. What is the role of the Governor in legislative matters?

a) Granting pardon

b) Summoning and proroguing the sessions of the state legislature

c) Dissolving the Supreme Court

d) Imposing taxes

4. Which article of the Indian Constitution deals with the powers and functions of the Governor?

a) Article 72

b) Article 155

c) Article 163

d) Article 123

5. Under which circumstance can the Governor recommend President’s Rule in the state?

a) During a national emergency

b) When the state fails to comply with central government directives

c) When the state government cannot be carried on according to the provisions of the Constitution

d) When the state exceeds its budgetary allocation

GS Mains Questions and Model Answers

Q1: Discuss the executive powers of the Governor and how they ensure the functioning of state administration in India.

Answer: The Governor of a state holds several executive powers that ensure the smooth functioning of the state administration. One of the primary executive powers is the appointment of the Chief Minister, who is usually the leader of the majority party in the state legislative assembly. The Governor also appoints other ministers on the advice of the Chief Minister. In addition to this, the Governor appoints key officials such as the Advocate General, members of the State Public Service Commission, and judges of subordinate courts. The Governor has the power to promulgate ordinances when the state legislature is not in session, allowing the government to pass immediate laws. The Governor also plays a crucial role in maintaining law and order by giving directions to the state government and has the authority to grant pardons, reprieves, and commutations in cases related to state laws. These executive powers ensure that the state's administration is carried out effectively and in accordance with constitutional provisions.

Q2: Analyze the legislative functions of the Governor, with reference to the Governor’s role in the state legislative process.

Answer: The Governor plays an important legislative role in the functioning of the state legislature. One of the key functions is summoning and proroguing the sessions of the state legislature, as well as dissolving the legislative assembly when required. The Governor also addresses the state legislature at the beginning of the first session each year, outlining the government's policies and plans. Furthermore, the Governor has the power to give assent to bills passed by the legislature, with the option to withhold assent or reserve bills for the consideration of the President. This power to reserve certain bills for presidential assent provides a check on the state legislature, ensuring that laws passed are in compliance with the Constitution. Additionally, the Governor can promulgate ordinances when the legislature is not in session, thereby enabling the government to act swiftly on important matters. Thus, the legislative functions of the Governor ensure smooth legislative processes and adherence to constitutional principles.

Q3: Evaluate the significance of the discretionary powers of the Governor in maintaining the constitutional balance in Indian states.

Answer: The discretionary powers of the Governor are crucial in maintaining the constitutional balance between the state and the central government. These powers allow the Governor to act independently of the Council of Ministers in certain situations, ensuring that the administration of the state is conducted according to constitutional provisions. For example, the Governor can recommend the imposition of President's Rule if the state government cannot function according to the Constitution, signifying a breakdown of constitutional machinery. The Governor also exercises discretion in appointing a Chief Minister when no party has a clear majority in the legislative assembly, ensuring stability in the state administration. Additionally, the power to reserve bills for the President's assent serves as a safeguard against any unconstitutional legislation passed by the state legislature. The discretionary powers of the Governor act as a check on state governance, ensuring that the Constitution remains the supreme law and that democratic principles are upheld.

Previous Year Questions on  Powers and Functions of Governor

1. UPSC CSE 2018

Question: Examine the role of the Governor in recommending President's Rule in a state under Article 356. 

Answer: The Governor plays a critical role in recommending President’s Rule under Article 356 of the Indian Constitution. Article 356 allows the imposition of President’s Rule when the state government cannot function in accordance with the Constitution, leading to a breakdown of constitutional machinery. The Governor, after assessing the situation in the state, can send a report to the President of India recommending the imposition of President's Rule. This recommendation is often based on factors such as political instability, failure to form a government, or law and order issues. The President, based on the Governor’s report, can dissolve the state legislature and assume direct control of the state's administration. The Governor’s recommendation for President’s Rule is significant because it serves as a safeguard to protect the Constitution and maintain democratic governance. However, the use of Article 356 is subject to judicial scrutiny to prevent its misuse for political purposes.

2. UPSC CSE 2019

Question: Discuss the discretionary powers of the Governor and how they have been a subject of debate in Indian federalism. 

Answer: The discretionary powers of the Governor have been a subject of debate in Indian federalism due to concerns about their potential misuse and the impact on state autonomy. The Governor can act independently of the state government in certain situations, such as recommending President’s Rule, appointing a Chief Minister when no party has a clear majority, and reserving bills for the President’s assent. These powers are intended to ensure the proper functioning of the state government in accordance with constitutional principles. However, critics argue that the discretionary powers have sometimes been used to further political interests, leading to friction between the central and state governments. The recommendation of President’s Rule has been particularly contentious, as it can result in the dismissal of an elected government. Judicial interventions, such as the S.R. Bommai case, have provided guidelines to curb the misuse of these powers, but the role of the Governor continues to be a point of tension in India’s federal structure. The debate revolves around finding a balance between the need for constitutional oversight and respecting the autonomy of state governments.