The state executive:-
Governor:-the governor is the executive head of the state. The executive powers of the
state is wasted in the governor and all executive action of the state has to be taken in the
name of the governor. He is the first citizen of the state
Appointment and term of office of governor:-the governor of a state is not elected but is
appointed by the president and holds office at the pleasure of the President. Any citizen of
India who has completed 35 years of age is eligible for the office ,but he must not hold any
other office of profit nor be a member of the legislature of the union or any state. There is no
bar to the selection of a governor from amongst members of a legislature. but if a member of
a legislature is appointed governor, he ceases to be a member immediately upon such
appointment.
The term of governor shall be 5 years. but it may be terminated earlier by-
dismissal by the president at whose pleasure he holds the office. There is no bar to a person
being appointed governor more than once. The governor gets a monthly immoliment of
rupees 3,50,000 together with the use of an official residence free of rent and also such
allowances and privileges as specified in the Governor's Act 1982, as amended in 2009.
Powers and Functions of the governor:-the governor has no diplomatic or military powers
like the president, but he processes executive, legislative, and judicial powers similar to
those of the president.
1. Executive powers:-the governor is the chief executive of the state. all executive actions
of the state government are taken in his name. exercises these powers directly or through
office subordinate to him. he makes rules for the transaction of government business. he
appoints the chief minister and on the advice of the chief minister, appoints the Council of
ministers. he administers the oath of office and secrecy accept their resignations and is
empowered to dismiss the ministers.Apart from the power to appoint the Council of
ministers, the governor has the power to appoint the Advocate General and the members of
the State Public Service Commission, vice chancellors of the universities etc. He is the
chancellor of all universities in the state.
Like the president, the governor has the power to nominate members of the Anglo Indian
community to the Legislative Assembly of the state, if he is satisfied that they are not
adequately represented in the Assembly. But, the governor has no power to appoint judges
of the state High court, but he is entitled to consulted by the president in the matter. In some
states there are bicameral legislature, the governor has the power to nominate members to
the Legislative Council.
2. Legislative powers:-as regards legislative powers, the governor is a part of the state
legislature. He has the right to address the two houses of the state legislature. He can send
messages, he can summon, prorogue and desolve the state legislature. Governor enjoys
veto power. He can withhold his assent to a bill passed by the state legislature. He can
reserve a bill for president's consideration. Like the president, the governor of a state can
issue the ordnance when the legislature is not in session.
3. Financial powers:-governor enjoys the following financial powers-
a. A money bill cannot be introduced in the Legislative Assembly without the
recommendations of the governor.
b. He causes the budget TB late before the state legislature for every financial year.
c. The contingency fund of the state is at his disposal. He can make advancees out of it to
meet unforeseen expenditure, pending its authorisation by the state legislature.
4.. judicial powers:-the governor has the power to grant pardons, reprieves,resputes or
remission of punishments or to suspend, remit or commute the sentence of any person
convicted of any offence. He is also consulted by the president in the appointment of the
chief justice and the judges of the high courts of the state.
Discretionary powers of the governor:-the discretionary powers of the governor are as
follows-
a. The governor of Assam shall determine the amount payable by the state of Assam to the
District Council as royalty accruing from licences for minerals.
b. Besides the above functions to be exercised by the governor in his discretion, there are
certain functions under the amended constitution which are to be exercised by the governor
on his special responsibility which practical means the same thing as in his discretion. No
cold can question this power of the governor. Such functions are-
1. Under article 371 (2), the president may direct that the governor of Maharashtra or Gujarat
shall have a special responsibility for taking steps for the development of certain areas in the
state such as vidharbha and Saurashtra.
2. The governor of Nagaland 371 A (1) (b) shall have similar responsibility with respect to
law and order in that state so long as internal disturbances caused by the hostile Nagas in
that state continue.
3. Similarly article 371 (1) © empowers the President to direct that the governor of Manipur
shall have special responsibility to ensure the proper functioning of the committee of the
Legislative Assembly of the state consisting of the members elected from the Hill Areas of
the State.
4. Governor of Arunachal Pradesh has been assigned special responsibility with regard to
dealing with the rebels and antinational elements.
5. In case the president appoints the governor as an administrator of a union territory, he
shall exercise his powers independently.
Apart from the,the governor enjoys discretionary powers in the appointment of the
Chief minister when no party gets absolute majority. The governor has to play a double
role- a.As the constitutional head of the state government, he has to advice the ministry.
b. As the representative of the president he has to keep the central government informed of
the working of the constitutional machinery of the state. This dual role me sometimes lead to
conflict between the centre and the state. This happens if there is a different party in power
at the state level and at the centre.
