The Governor is the constitutional head of a state.
In the state executive, the Governor occupies a position similar to the President at the Union level.
The State Executive consists of:
- Governor
- Chief Minister
- Council of Ministers
- Advocate General of the State
The Governor is the chief executive head of the state, but in actual working, he is the nominal head.
The real executive power is exercised by the Chief Minister and the Council of Ministers.
The Governor is also often described as an agent of the Central Government, because he is appointed by the President and plays an important role in Centre-State relations.
Table of Contents
Constitutional Position Of The Governor
The office of Governor is part of Part VI of the Constitution.
The Governor is the nominal head of the State.
He normally acts on the advice of the Council of Ministers, except in matters where the Constitution allows him to act in his discretion.
The Council of Ministers is collectively responsible to the State Legislative Assembly.
Governor And The 7th Constitutional Amendment Act, 1956
According to the 7th Constitutional Amendment Act, 1956, the same person can be appointed as Governor of two or more states.
This is an important exam fact.
Appointment Of Governor
The Governor is appointed by the President of India.
The office of Governor is not treated as employment under the Central Government.
The Constituent Assembly accepted the Canadian model for the appointment of Governors.
This means the Governor is appointed by the Centre, rather than elected by the people of the state.
Qualifications Of Governor
A person must fulfil two basic qualifications to be appointed as Governor:
- He should be a citizen of India.
- He should have completed 35 years of age.
Conventions Followed In Appointment Of Governor
Two conventions are generally followed while appointing a Governor:
- The Governor should be an outsider, meaning he should not belong to the state where he is appointed.
- The President should consult the Chief Minister of the concerned state while appointing the Governor.
These are conventions, not strict constitutional requirements.
Conditions Of Governor’s Office
The Constitution lays down certain conditions for the office of Governor.
- He should not be a member of either House of Parliament or any House of the State Legislature.
- If such a person is appointed as Governor, he is deemed to have vacated his seat from the date he enters office.
- He should not hold any office of profit.
- He is entitled to use his official residence without payment of rent.
- His emoluments, allowances and privileges are decided by Parliament.
- If the same person is appointed Governor of two or more states, his emoluments and allowances are shared by those states in the proportion determined by the President.
- His emoluments and allowances cannot be diminished during his term of office.
Oath Of Governor
The oath to the Governor is administered by the Chief Justice of the High Court.
In the absence of the Chief Justice, the oath is administered by the senior-most judge of the High Court.
Term Of Governor
The Governor holds office for a term of 5 years.
However, this term is subject to the pleasure of the President.
This means the Governor may be removed by the President at any time.
Removal And Resignation
- The Governor can resign by writing to the President.
- He may be removed by the President at any time.
- The Constitution does not mention any specific grounds for his removal.
- The President may transfer a Governor from one state to another for the rest of his term.
- The same person may be reappointed as Governor in the same state or another state.
- The Chief Justice of the High Court may be appointed as Governor if a vacancy arises in the office.
Powers And Functions Of Governor
The Governor has several powers and functions.
They may be classified as:
- Executive Powers
- Legislative Powers
- Financial Powers
- Judicial Powers
- Discretionary Powers
Executive Powers Of Governor
The executive powers of the state are exercised in the name of the Governor.
Main Executive Powers
- All executive actions of the State Government are taken in his name.
- He can make rules for the convenient transaction of the business of the State Government.
- He appoints the Chief Minister.
- He appoints other ministers on the advice of the Chief Minister.
- Ministers hold office during his pleasure.
- He appoints the Advocate General of the State.
- He appoints the State Election Commissioner.
- He appoints the Chairman and members of the State Public Service Commission.
Tribal Welfare Minister
In the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there should be a Tribal Welfare Minister appointed by the Governor.
This is a specific exam-oriented point from the chapter.
Judicial Appointments At State Level
The Governor has an important role in appointments connected with the subordinate judiciary.
- He makes appointments, postings and promotions of district judges in consultation with the State High Court.
- He appoints persons to the judicial services of the state after consulting the High Court and the State Public Service Commission.
Legislative Powers Of Governor
The Governor is an important part of the State Legislature.
Main Legislative Powers
- He summons the State Legislature.
- He prorogues the State Legislature.
- He can dissolve the State Legislative Assembly.
- He addresses the State Legislature.
- At the beginning of the first session after each general election and at the first session of each year, the Governor addresses the State Legislature.
- He can send messages to the House or Houses of the State Legislature.
- He gives assent to Bills passed by the State Legislature.
- He can reserve certain Bills for the consideration of the President.
- He can promulgate Ordinances under Article 213 when the State Legislature is not in session.
Governor’s Assent To Bills
When a Bill is passed by the State Legislature, it becomes an Act only after the Governor gives assent.
The Governor may:
- Give assent to the Bill.
- Withhold assent.
- Return the Bill for reconsideration, if it is not a Money Bill.
- Reserve the Bill for the consideration of the President.
Suspensive Veto Of Governor
The Governor enjoys only suspensive veto.
This means he can return an ordinary Bill for reconsideration.
If the State Legislature passes the Bill again, with or without amendments, the Governor must give assent.
There is no time limit mentioned for the Governor to send back a general Bill for reconsideration.
Reservation Of Bills For President
The Governor may reserve certain Bills passed by the State Legislature for the consideration of the President.
This is an important discretionary power.
A Bill reserved for the President’s consideration is dealt with under the constitutional procedure involving the President’s assent.
Ordinance-Making Power Of Governor – Article 213
The Governor can issue Ordinances under Article 213.
This power can be used only when the State Legislature is not in session.
Important Points About Ordinance Power
- The Governor’s ordinance-making power is not a discretionary power.
- It is exercised on the aid and advice of the Council of Ministers.
- The Governor can withdraw an Ordinance at any time.
- The Ordinance has the same force as a law passed by the State Legislature.
Financial Powers Of Governor
The Governor has important financial powers in the state.
Main Financial Powers
- A Money Bill can be introduced in the State Legislature only with the Governor’s recommendation.
- The annual financial statement, or State Budget, is laid before the State Legislature in the Governor’s name.
- No demand for a grant can be made except on the recommendation of the Governor.
- The Governor has control over the Contingency Fund of the State and can make advances from it to meet unforeseen expenditure.
Judicial Powers Of Governor – Article 161
Under Article 161, the Governor has pardoning powers.
The Governor can grant:
- Pardon
- Reprieve
- Respite
- Remission
- Suspension
- Commutation
These powers apply to offences against laws relating to matters within the executive power of the state.
Important Limitation
The Governor does not have the power to pardon a death sentence.
However, he may suspend, remit or commute a death sentence.
The Governor also does not have pardoning power in matters of court martial.
That power belongs to the President.
Constitutional Discretion Of Governor
The Governor normally acts on the advice of the Council of Ministers.
However, in some matters, he may act in his discretion.
Discretionary Powers Of Governor
The Governor has discretion in the following matters:
- Reservation of a Bill for the consideration of the President.
- Recommendation for President’s Rule under Article 356.
- Exercising functions as the administrator of an adjoining Union Territory.
- Determining the amount payable by the Governments of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty from licences for mineral exploitation.
- Seeking information from the Chief Minister regarding administrative and legislative matters.
- Situational discretion, similar to the President, in certain political situations.
Situational Discretion
Situational discretion may arise in cases such as:
- Appointment of Chief Minister when no party has a clear majority.
- Dismissal of a ministry that has lost majority.
- Dissolution of the Legislative Assembly when political stability is uncertain.
Governor’s Right To Information – Article 167
The Governor can seek information from the Chief Minister regarding decisions of the Council of Ministers and administrative matters.
This duty of the Chief Minister is linked to Article 167.
Governor And Article 356
The Governor can send a report to the President recommending President’s Rule in the state.
This is one of the most important discretionary powers of the Governor.
If the President is satisfied that the government of the state cannot be carried on according to the Constitution, action may be taken under Article 356.
Protection Under Article 361
Under Article 361, the Governor is not answerable to any court for the exercise and performance of powers and duties of his office.
Also, no criminal proceedings can be instituted against the Governor during his term of office.
Committees And Commissions Related To The Governor
Several commissions have examined the office of Governor and suggested reforms.
Sarkaria Commission, 1988
The Sarkaria Commission gave important recommendations regarding the Governor.
It suggested that:
- The Governor should be an eminent person.
- He should be from outside the state.
- He should not be closely connected with local party politics.
- There should be security for the post of Governor.
- After leaving office, the Governor should not normally be eligible for another government appointment or office of profit.
Punchhi Commission, 2010
The Punchhi Commission also examined the role of the Governor in Centre-State relations.
It focused on improving the constitutional functioning and neutrality of the Governor’s office.
Venkatachaliah Commission, 2002
The Venkatachaliah Commission suggested that appointment of Governors should be handled by a committee consisting of:
- Prime Minister
- Home Minister
- Speaker of Lok Sabha
- Chief Minister of the concerned state
It also suggested that Governors should serve their 5-year term unless they resign or are removed by the President due to proven misbehaviour or incapacity.
Governor At A Glance
| Topic | Detail |
|---|---|
| Constitutional Part | Part VI |
| Position | Nominal head of the State |
| Appointed by | President |
| Minimum age | 35 years |
| Citizenship | Indian citizen |
| Term | 5 years |
| Tenure condition | Pleasure of President |
| Resignation | To President |
| Oath administered by | Chief Justice of High Court |
| Same Governor for more than one state | Allowed by 7th CAA, 1956 |
| Ordinance power | Article 213 |
| Pardoning power | Article 161 |
| President’s Rule report | Article 356 |
| Protection | Article 361 |
Important Articles Related To Governor
| Article | Subject |
|---|---|
| Article 153 | Governor of States |
| Article 154 | Executive power of the State |
| Article 155 | Appointment of Governor |
| Article 156 | Term of Governor |
| Article 157 | Qualifications |
| Article 158 | Conditions of office |
| Article 159 | Oath or affirmation |
| Article 161 | Pardoning power of Governor |
| Article 163 | Council of Ministers to aid and advise Governor |
| Article 164 | Appointment of Chief Minister and other ministers |
| Article 167 | Duties of Chief Minister to furnish information to Governor |
| Article 200 | Assent to Bills |
| Article 213 | Ordinance-making power |
| Article 356 | President’s Rule |
| Article 361 | Protection to Governor |
Governor Vs President
| Basis | Governor | President |
|---|---|---|
| Level | State | Union |
| Position | Constitutional head of State | Constitutional head of India |
| Appointment/Election | Appointed by President | Elected indirectly |
| Term | 5 years, pleasure of President | 5 years |
| Ordinance Power | Article 213 | Article 123 |
| Pardoning Power | Article 161 | Article 72 |
| Death Sentence | Cannot pardon death sentence | Can pardon death sentence |
| Court Martial | No pardoning power | Has pardoning power |
| Role | Nominal state head and Centre’s link | Head of Union Executive |
FAQs On Governor Of State In India
Who is the Governor of a State?
The Governor is the constitutional and nominal head of a State.
Who appoints the Governor?
The Governor is appointed by the President of India.
What is the minimum age to become Governor?
A person must have completed 35 years of age.
What are the qualifications for Governor?
A person must be a citizen of India and must have completed 35 years of age.
What is the term of Governor?
The Governor has a term of 5 years, but he holds office during the pleasure of the President.
Can the same person be Governor of two or more states?
Yes. The 7th Constitutional Amendment Act, 1956 allows the same person to be Governor of two or more states.
To whom does the Governor resign?
The Governor resigns by writing to the President.
Who administers oath to the Governor?
The Chief Justice of the High Court administers the oath. In his absence, the senior-most judge of the High Court does so.
Which Article gives pardoning power to Governor?
Article 161 gives pardoning power to the Governor.
Can the Governor pardon a death sentence?
No. The Governor cannot pardon a death sentence, though he may suspend, remit or commute it.
Which Article gives ordinance-making power to Governor?
Article 213 gives ordinance-making power to the Governor.
Is ordinance-making power of Governor discretionary?
No. It is not a discretionary power. It is exercised on the aid and advice of the Council of Ministers.
Which Article allows Governor to recommend President’s Rule?
The Governor may send a report under Article 356 for President’s Rule.
What are the discretionary powers of Governor?
Important discretionary powers include reserving Bills for the President, recommending President’s Rule, acting as administrator of adjoining Union Territory, seeking information from the Chief Minister and certain tribal area-related functions.
Which commission recommended that the Governor should be an eminent outsider?
The Sarkaria Commission recommended that the Governor should be an eminent person from outside the state and should not be connected with local politics.
Which commission suggested a committee for appointment of Governors?
The Venkatachaliah Commission, 2002 suggested a committee involving the Prime Minister, Home Minister, Speaker of Lok Sabha and Chief Minister of the concerned state.
Last Moment Exam Cheat Sheet – Governor Of State In India
- Part VI – Governor and State Executive.
- State Executive – Governor, Chief Minister, Council of Ministers, Advocate General.
- Governor – Chief executive head, nominal head and agent of Centre.
- Appointed by – President of India.
- Canadian model – Accepted for appointment of Governor.
- 7th CAA, 1956 – Same person can be Governor of two or more states.
- Minimum age – 35 years.
- Citizenship – Must be Indian citizen.
- Appointment conventions – Outsider and consultation with State Chief Minister.
- Oath administered by – Chief Justice of High Court.
- Term – 5 years, subject to pleasure of President.
- Resignation – To President.
- Removal – By President; no grounds mentioned in Constitution.
- Article 161 – Pardoning power of Governor.
- Article 213 – Ordinance-making power.
- Ordinance power – Not discretionary; exercised with aid and advice.
- Governor can withdraw Ordinance – At any time.
- Money Bill in State Legislature – Requires Governor’s recommendation.
- Legislative Council nomination – Governor nominates 1/6th members.
- Article 356 – Governor may recommend President’s Rule.
- Article 167 – Chief Minister gives information to Governor.
- Article 361 – Governor not answerable to court for official duties.
- Constitutional discretion – Bill reservation, Article 356 report, administrator of adjoining UT, tribal royalty matters, seeking information from CM.
- Sarkaria Commission, 1988 – Governor should be eminent, outsider and away from local politics.
- Punchhi Commission, 2010 – Related to Governor and Centre-State relations.
- Venkatachaliah Commission, 2002 – Suggested committee-based appointment process.