Governor is the chief executive head of the state. Articles 153 to 167 in Part VI of the Constitution deal with the State Executive of which the Governor is an integral part. He acts as a representative of the union government. The governor has executive power over the state, and all executive actions must be made in his or her name. 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same individual as Governor of two or more states. The UPSC Indian Polity and Governance Syllabus includes The Governor which is described in this article.

The Constitution has prescribed the same form of government for states that of centre. Like the President, the Governor is a titular head. Supreme Court has emphasised in its several judgements that the Governor is not an employment under the central government but it is an independent constitutional office.

Constitutional Provisions

• The constitution states that the executive power of the state shall be vested in the Governor, who shall execute it either directly or through officers subordinate to him (Article 154).

The Governor - Appointment

• The Indian Constitution, in Article 165, enables and authorizes the President of India to appoint the Governor of State by warrant under his hand and seal for a five-year term.
• The Governor is not directly elected by the people, and neither is he elected indirectly by a special electoral college.
• The Governor is appointed by the President and serves at his pleasure.
• The chief justice or the senior-most judge of the concerned High Court administers the Governor's oath of office (if the chief justice is unavailable).

The Governor - Qualifications

The Indian Constitution specifies two basic qualities for the selection of a Governor.

1. He should be an Indian citizen.
2. He must be at least 35 years old.

Over time, the following conventions have emerged:

1. He should be an outsider who does not reside in the state where he will be appointed.
2. When appointing the Governor of a state, the President must consult with the state's Chief Minister.

However, in some cases, both conventions have been violated.

The Governor - Terms of Office

• The Governor serves for a term of five years from the date he assumed office, subject to the President's pleasure.
• Governors whose terms have expired may be reappointed in the same or a different state.
• The President has the authority to transfer a Governor from one state to another for the remainder of his tenure. Governor can serve over his five-year term until the next appointment is made.
• After submitting his resignation letter to the President, the Governor can resign from his office.
• In any contingency, for example, the death of the sitting Governor, chief justice of the concerned High Court can be appointed temporarily to discharge the functions of the governor of that state.

Conditions of Office of Governor

The Governor's office follows the procedures and conditions provided forth in the Indian Constitution.

• He should not occupy any office of profit.
• He should not be a member of the House of Parliament or any state legislature.
• He is entitled to such allowances, emoluments, and privileges as Parliament determines.
• During his tenure of office, his emoluments and allowances cannot be reduced.
• If he is appointed as Governor of two or more states, the Governor's allowances and emoluments are divided among the states in a proportion specified by the President.
• He is entitled to the use official residences without payment of rent.

Removal

• Constitution has not prescribed the grounds for the removal of the Governor.
• The position of Governor is at the will of President which is non justifiable. It means that the Governor can be removed from his office at any time.

Constitutional Position

• Article 153 of the Indian Constitution mandates the appointment of a Governor in each state. The 7th Amendment to the Constitution however, allows for the appointment of the same person as Governor of two or more states.
• The provisions of Articles 154, 163, and 164 of the Constitution empower the constitutional post of Governor.
• Article 154: The Governor shall have executive power over the state, which he shall exercise either directly or through officers subordinate to him in conformity with this Constitution.
• Article 163: There shall be a council of ministers, led by the Chief Minister, to assist and advise the Governor in the exercise of his powers, except when he is compelled to execute his functions at his discretion.
• Article 164: The council of ministers is collectively responsible to the state's legislative assembly. This provision is the cornerstone of the state's parliamentary system of governance.

The Governor - Power, and Functions

The Governor has the Executive, Legislative, Financial, and Judicial authorities more or less similar to President of India. However he do not enjoy military, diplomatic, and emergency authorities like President.

Executive Powers of the Governor

The Governor is the chief executive of the state.

• The Governor makes all executive decisions on behalf of the state government [Article 166(1)].
• The Governor appoints the Chief Minister and other cabinet members on the advice of Chief Minister. They serve at the pleasure of the Governor [Article 164].
• He may create rules for the efficient execution of a state government's work and its distribution among the ministers. [Article 166(3)]
• He appoints the state's advocate general and determines his tenure and conditions of service.
• He has the authority to recommend to the President the declaration of a state of constitutional emergency.
• He may request from the Chief Minister any information pertaining to the administration of the state's affairs, as well as legislative suggestions [Article 167].
• The governor appoints the state election commissioner and establishes his term of office and working conditions [Article 243K].
• He appoints the chairman of the state public service commission as well as the members of the commission. They can, however, only be removed by the President and not by a Governor.
• He serves as Chancellor of the state's universities and appoints Vice Chancellors.
• Governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions. He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.
• Governor can recommend the imposition of the president's rule in a state. They submit reports on their own to the president or on the direction of the president regarding the affairs of the state.

Legislative Powers of the Governor

• Governor has the authority to summon or prorogue the state legislature and dissolve the state legislative assembly.
• He can address the state legislature at the commencement of the first session after state election and the first session of each year.
• Governor presents to the state legislature the reports of the State Finance Commission, the State Public Service Commission, and the Comptroller and Auditor General.
• He appoints one-sixth members of the legislative council from persons having knowledge or experience in the fields of science, art, literature, the co-operative movement and social service in that state.
• He decides the disqualification of members of the state legislature in consultation with the Election Commission.
• When a bill is sent to the governor for assent after its passage by state legislature, he can:
  • Give his assent
  • Withhold his assent
  • Return the bill
  • Reserve the bill for the President’s consideration in certain conditions.
• When he return the bill for the consideration of the House or Houses. If the bill is passed again with or without amendments and presented to governor for asent,the governor must give his assent to the bill. It means governor enjoys only suspensive veto.
• In case of money bill, he can not return money bill for the reconsideration of the state legislature. But he can reserved the bill for the President's consideration.
• When the Governor reserves a money bill for the President's consideration, he has no further role in the bill's enactment. When the President gives his assent to the bill, it becomes an Act. This means that the Governor's approval is no longer required.
• When the state legislature is not in session, the Governor can issue ordinances. The ordinances must be authorised by the legislature within six weeks of their adoption [Article 213]. The Governor has the authority to revoke the ordinance at any moment.

Financial Power of the Governor

• Money bill can be introduced in the state legislature only with his prior recommendation.
• No demand for grant can be made without his recommndation
• Governor is in charge of the State Contingency Fund. She/he is entitled to make advances from the state contingency fund to cover any unforeseen expenses (Article 267).
• He constitute finance commission afte every five years to examines the financial situation of municipalities and Panchayats.

Judicial Powers of the Governor

• Article 161 grants the Governor the authority to grant pardons, reprieves, respites, or remission of penalty, or to suspend, remit or commute the sentence of any person convicted by the Courts of any offence against any legislation related to a matter to which the State's executive jurisdiction extends.
• Governor cannot commute a death sentence.Even if state law imposes a death sentence, the President, not the Governor, has the authority to grant a pardon. However, the Governor has the authority to suspend, remit, or commute a death sentence.
• Governor does not possess pardoning powers with respect to punishment or sentence by a court-martial (military court).
• In consultation with the state high court, the Governor appoints, posts, and promotes District Judges.
• The President consults the Governor before appointing the chief justice and judges of the relevant state high court.

Discretionary Powers

The discretionary powers of the Governor in the state are far greater than those of the President in the centre.Some of the Governor's discretionary powers are as follows:

Constitutional Discretion

• Reservation of a bill for the consideration of the of the President.
• Recommendation for the imposition of the President Rule in the state.
• While exercising his functions as the administrator of the adjoining union territory.
• Determining the the amount of money payable by the government of Assam, Meghalaya, Mizoram, and Tripura to an autonomous Tribal District Council as royalty for mineral development licenses.
• Seeking information from the chief minister with regard to the administrative and legislative matters of the State.

Situational Discretion

• Appointment of a chief minister when no party has a clear majority in the state legislative assembly or when the current chief minister dies unexpectedly and there is no obvious successor.
• Dismissal of the council of ministers when it is unable to demonstrate the confidence of the state legislative assembly.
• Dismissal of state legislative assembly when the council of ministers loses majority

Immunities Enjoyed by the Governor (Article 361)

• Governor of a State is not be answerable to any court for the exercise and performance of the powers and duties of his office.
• No criminal proceedings canl be initiated against the Governor of a State, in any court during his term of office.
• No process for the arrest or imprisonment of the Governor of a State, shall issue from any court during his term of office.
• No civil proceedings can be instituted during his term of office in any court in respect of any act done by him in his personal capacity without giving before two months notice in writing.

Conclusion

The role of a governor in India is multifaceted and critical to the functioning of our democratic system in states. Governors play a pivotal role in upholding the Constitution, maintaining federal harmony, and ensuring effective governance within their respective states. They bridge the gap between the state and the Union, contributing significantly to the development and progress of the regions they oversee. It is imperative that governors exercise their powers judiciously, with impartiality and integrity. The relationship between governors and state governments should be one of collaboration and mutual respect, focusing on the collective goal of advancing the interests of the people.

FAQs

MCQs

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

A) Chief Minister
B) President
C) Prime Minister
D) Speaker of the Legislative Assembly

2. Which article of the Indian Constitution deals with the Governor's powers to reserve a bill for the President's assent?

A) Article 123
B) Article 200
C) Article 356
D) Article 143

3. Under which article can the Governor recommend President's Rule in a state?

A) Article 352
B) Article 356
C) Article 360
D) Article 368

4. What is the tenure of the Governor as per the Indian Constitution?

A) 4 years
B) 5 years
C) 6 years
D) Until the age of 65

5. Who appoints the Advocate General for the state?

A) Governor
B) Chief Minister
C) President
D) High Court Chief Justice

GS Mains Questions and Answers

Q1: Discuss the role of the Governor in ensuring the smooth functioning of the federal structure in India.

Answer: The Governor plays a pivotal role in maintaining the balance between the central and state governments within India's federal structure. Appointed by the President, the Governor acts as the central government's representative in the state and has significant responsibilities in areas like legislation, executive decisions, and crisis management. A key function is to ensure that state governance operates in accordance with the Constitution. In cases where the state's governance falters, the Governor can recommend the imposition of President's Rule under Article 356. While the Governor is expected to act on the advice of the Council of Ministers, they also have discretionary powers, which allow them to act independently in specific situations. This role often brings the Governor into the spotlight, especially when there is political instability, hung assemblies, or constitutional crises, making the Governor's office crucial to the federal dynamic in India.

Q2: Evaluate the discretionary powers of the Governor and their impact on state politics.

Answer: The Governor's discretionary powers have been a topic of debate, particularly in politically sensitive situations. The discretionary powers include recommending President's Rule, reserving bills for the President's assent, and appointing the Chief Minister in the case of a hung assembly. While these powers are intended to safeguard the constitutional process, they have been criticized for being misused to influence state politics in favor of the central government. The most controversial use of discretionary power is when Governors recommend President's Rule based on their assessment of a state's governance. This power has often led to accusations of bias, especially in cases where the Governor and the central government belong to the same political party. Thus, the discretionary powers of the Governor, though constitutionally sanctioned, must be exercised judiciously to prevent the erosion of democratic values at the state level.

Q3: Analyze the relationship between the Governor and the Chief Minister in a parliamentary system. How does it impact governance in a state?

Answer: The relationship between the Governor and the Chief Minister is fundamental to the smooth functioning of a state government. The Governor acts as the nominal head of the state, while the Chief Minister is the real executive authority. The Governor is expected to act on the advice of the Council of Ministers, headed by the Chief Minister. However, tensions can arise when there are disagreements between the two, particularly during times of political instability or when the Governor exercises discretionary powers. A harmonious relationship facilitates governance, whereas a contentious relationship can lead to delays in decision-making and governance breakdown. The key to effective governance lies in the mutual respect of the constitutional roles, where the Governor respects the democratic mandate, and the Chief Minister adheres to the constitutional framework.

Previous Year Questions on the Governor - State Executive

1. UPSC CSE Prelims 2017:

Question: Under which Article of the Constitution can the Governor recommend President's Rule?

A) Article 352
B) Article 356
C) Article 365
D) Article 360

Answer: B

Explanation: Article 356 of the Indian Constitution provides for President's Rule in a state based on the recommendation of the Governor if the state government cannot function according to constitutional provisions.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: Discuss the role of the Governor in the context of Article 356. Analyze its implications on state autonomy.

Answer: The Governor plays a crucial role under Article 356, which allows the imposition of President's Rule if the state's governance cannot be carried out according to constitutional provisions. The Governor's report forms the basis for this decision, and it is often seen as a tool for the central government to exercise control over the states. While the provision is meant to address constitutional crises, it has been used frequently in the past, leading to criticism that it undermines state autonomy. The Sarkaria Commission recommended the judicious use of Article 356 to avoid political misuse. The imposition of President's Rule should be a last resort to maintain the federal balance between the Centre and the states.

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