Governor of a State – Short Notes

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General Overview

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State Executive (Part VI, Articles 153-167)

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Governor = Nominal Head (like President at Centre)
Dual Role:
•​ Nominal Head of State

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•​ Agent of Central Government
No Vice-Governor (Unlike Vice-President at Centre)

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2️⃣ Appointment & Removal

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Appointed by President (Warrant under his hand & seal)

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Not elected (Neither directly nor indirectly)
Supreme Court (1979): Governor is an independent constitutional office, not under

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Centre’s control

✅
Why No Direct Election?

✅
Incompatible with Parliamentary System

✅
Avoids Conflict with CM

✅
Prevents Unnecessary Expenditure

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Avoids Party Bias & Separatism

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Ensures Centre’s Control Over States

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Prevents Leadership Issues in State Elections

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Avoids CM’s Political Influence on Governor Selection

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Appointment Conventions

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Should be an outsider (Not from the same state)

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CM must be consulted (Not mandatory & often ignored)

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Removal

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Holds office at the pleasure of the President (No fixed tenure security)

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No grounds mentioned in the Constitution

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President can transfer or reappoint Governor
Example: 1989 & 1991 – Large-scale Governor removals by new governments

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3️⃣ Qualifications

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Citizen of India
At least 35 years old

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4️⃣ Conditions of Office

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Cannot be an MP/MLA → If appointed, seat vacates automatically

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Cannot hold any other office of profit

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Official Residence (Raj Bhavan) – Free of Rent
Salary & Allowances decided by Parliament

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•​ ₹3.5 lakh/month (2018 revision, earlier ₹1.10 lakh)

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If Governor for multiple states, salary shared among states (Decided by President)

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Salary cannot be reduced during term

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Legal Immunity

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No legal liability for official acts

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No criminal cases during tenure
Civil cases (for personal acts) → Only after 2-month notice
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5️⃣ Oath of Office

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Administered by Chief Justice of State HC (or senior-most judge)

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Oath includes:

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Faithfully executing office

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Preserving & protecting the Constitution
Serving the people of the state

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6️⃣ Term & Continuation

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Term: 5 years but subject to President’s pleasure

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Can resign anytime (Letter to President)

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Can continue beyond 5 years until successor takes charge
Temporary arrangement in emergencies (e.g., Chief Justice of HC may act as Governor)

Powers & Functions of the Governor

The Governor has Executive, Legislative, Financial & Judicial powers, similar to the
President of India but NO diplomatic, military, or emergency powers.

1️⃣ Executive Powers

🔹 Symbolic Authority:
All executive actions of the state are taken in the Governor’s name.

Can make rules for:

➝ Authentication of orders & instruments.
➝ Transaction of business & ministerial allocation.

🔹 Appointment Powers:
●​ CM & Ministers (hold office at his pleasure).
●​ Tribal Welfare Minister (Mandatory in Chhattisgarh, Jharkhand, MP & Odisha; Bihar
excluded by 94th CAA, 2006).
●​ Advocate General (determines remuneration; holds office at his pleasure).
●​ State Election Commissioner (determines conditions & tenure; removable only like a
High Court judge).
●​ Chairman & Members of State PSC (can be removed only by the President).

🔹 Administrative Oversight:
Can seek information from CM on state affairs & legislative proposals.
Can require CM to submit any ministerial decision for Council of Ministers’ consideration.

🔹 Emergency Powers:
Can recommend President’s Rule if the state fails constitutionally.
During President’s Rule, acts as President’s agent with wide executive powers.

🔹 University Role:
Chancellor of State Universities ➝ Appoints Vice-Chancellors.

2️⃣ Legislative Powers

🔹 Sessions & Dissolution:
•​ Summons, prorogues & dissolves the State Legislature.
•​ Addresses ➝ First session after general elections & first session of every year.

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•​ Sends messages to the legislature on bills & other matters.
Presiding Over Legislature:
Can appoint any member of the State Legislative Assembly to preside if both Speaker &
Deputy Speaker are vacant.
Can appoint any member of the State Legislative Council to preside if both Chairman &

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Deputy Chairman are vacant.
Nominations to Legislature:
Legislative Council: Nominates 1/6th of members (experts in literature, science, art,
cooperative movement, social service).

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Legislative Assembly: Nominates 1 Anglo-Indian (Removed by 104th CAA, 2019).
Disqualification of MLAs:

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Decides disqualification of members in consultation with Election Commission.
Bill-Related Powers:

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When a bill is passed, Governor can:

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Give Assent.

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Withhold Assent.
Return for Reconsideration (except Money Bills).

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If the bill is passed again, with or without amendments, Governor must give assent.
Reserve for President (Mandatory if it affects High Court).

🔹 Mandatory Reservation for President if the bill:

⛔ Violates Constitution.
⚖️ Contradicts Directive Principles of State Policy (DPSP).
🇮🇳 Affects National Interest.
⚠️ Has Grave National Importance.
🏡 Deals with Property Acquisition (Article 31A).
🔹 Ordinances:
Promulgates ordinances when legislature not in session.
Expires after 6 weeks unless approved by legislature.

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Can be withdrawn anytime.
Reports to Legislature:
Lays reports of State Finance Commission, State PSC & CAG Audit before the legislature.

3️⃣ Financial Powers

💰 Budget & Financial Oversight:

💰 Money Bills:
Ensures presentation of Annual Financial Statement (State Budget).

💰 State Expenditure:
Can be introduced only with his recommendation.

💰 Emergency Expenditure:
No grant demand can be made without his approval.
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Can withdraw from Contingency Fund for unforeseen expenses.
Finance Commission:
Constitutes State Finance Commission every 5 years ➝ Reviews panchayat & municipal
finances.

Judicial Powers of the Governor

Pardoning Power → Can grant pardons, reprieves, respites, and remissions of punishment
or suspend, remit, or commute sentences for offenses under state executive power.

Consultation in HC Appointments → Consulted by the President while appointing judges of

the concerned State High Court.

District Judges → Appoints, posts, and promotes district judges in consultation with the State
High Court.

Other Judicial Appointments → Appoints persons to the state judicial service (except district
judges) in consultation with State HC & State Public Service Commission.

Veto Powers: Comparison Between President & Governor

With Regard to Ordinary Bills

President (for Parliament bills)

✔ Assent → Bill becomes an Act.

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✖ Withhold Assent → Bill ends.
Return for Reconsideration → If Parliament passes again, President must give assent
(only a suspensive veto)(no absolute Veto and pocket veto after rec consideration)

Governor (for State Legislature bills)

✔ Assent → Bill becomes an Act.

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✖ Withhold Assent → Bill ends.
Return for Reconsideration → If State Legislature passes again, Governor must give

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assent (only a suspensive veto).
Reserve for President’s Consideration → Governor loses further role.

If President returns it for reconsideration and State Legislature passes again, it must be sent
to President again.

President is not bound to give assent.

With Regard to Money Bills

President
✔ Assent → Bill becomes an Act.

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✖ Withhold Assent → Bill ends.
Cannot return for reconsideration (must either approve or reject).
Governor
✔ Assent → Bill becomes an Act.

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✖ Withhold Assent → Bill ends.
Reserve for President’s Consideration → Governor loses further role.
If President approves, it becomes an Act.
Ordinance-Making Power: Comparison Between President & Governor

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President

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Can issue ordinances when both or either House of Parliament is not in session.

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Must be satisfied of necessity before issuing an ordinance.
Ordinance-making power = Parliament’s legislative power (can only issue ordinances on
subjects Parliament can legislate).

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⚖ Same force & effect as an Act of Parliament.

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Subject to the same constitutional limitations as a law of Parliament.

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Can withdraw the ordinance anytime.

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Must act on the advice of the Council of Ministers (not a discretionary power).

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Ordinance must be laid before Parliament when it reassembles.

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Ceases to operate after 6 weeks of Parliament reassembling, unless approved.

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Can be disapproved even earlier if both Houses pass resolutions against it.
No need for Presidential instructions before issuing an ordinance.

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Governor

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Can issue ordinances when State Legislature (both or either House) is not in session.

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Must be satisfied of necessity before issuing an ordinance.
Ordinance-making power = State Legislature’s legislative power (can only issue
ordinances on subjects the State Legislature can legislate).

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⚖ Same force & effect as an Act of State Legislature.

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Subject to the same constitutional limitations as a law of the State Legislature.

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Can withdraw the ordinance anytime.

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Must act on the advice of the Council of Ministers (not a discretionary power).

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Ordinance must be laid before the State Legislature when it reassembles.

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Ceases to operate after 6 weeks of State Legislature reassembling, unless approved.
Can be disapproved earlier if the Legislative Assembly (and Council, if applicable)

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passes a resolution against it.
Cannot issue an ordinance without President’s instructions in 3 cases:
1. If a similar bill would have needed President’s previous sanction for introduction.
2. If the Governor would have reserved a similar bill for President’s consideration.
3. If a similar State Act would have been invalid without President’s assent.
Pardoning Powers: President vs. Governor

🔹 President (Article 72) → Wider Power

✅ Applies to:
➤ Central laws
➤ Court-martial (military cases)
➤ Death sentences (Can grant full pardon)

✅ Pardoning Types:
🔹 Pardon → Removes punishment + conviction (✔ Death sentence)
🔹 Reprieve → Temporary delay in punishment
🔹 Respite → Lesser punishment in special cases (pregnancy, disability, etc.)
🔹 Remission → Sentence duration reduced (punishment type unchanged)
🔹 Suspension → Temporary halt of sentence
🔹 Commutation → Substituting with a lesser punishment
✅ Exclusive Powers:
✔ Only authority to pardon a death sentence

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✔ Has power over court-martial cases
Governor (Article 161) → Limited Power

✅ Applies to: State laws

✅ Pardoning Types:
🔹 Pardon → Removes punishment + conviction (✖ Death sentence)
🔹 Reprieve → Temporary delay in punishment
🔹 Respite → Lesser punishment in special cases
🔹 Remission → Sentence duration reduced
🔹 Suspension → Temporary halt of sentence
🔹 Commutation → Substituting with a lesser punishment
✅ Limitations:
✖ Cannot pardon a death sentence (Can only suspend, remit, or commute)
✖ No power over court-martial cases

Constitutional Position of Governor

🔹 Nominal Executive Head → Real power with Council of Ministers (CoM) led by CM.
🔹 Has discretionary powers in specific cases.
🔹 Key Constitutional Provisions
📜 Article 154 → Executive power vested in the Governor, exercised directly or through
📜 Article 163 → Governor acts on CoM’s advice, except in discretionary matters.
subordinates.

📜 Article 164 → CoM is collectively responsible to the legislature, ensuring a parliamentary

system in states.

🔹 Governor vs. President

🔹 Constitutional Discretion (Explicit Discretionary Powers)

1️⃣ Reserving a bill for President’s consideration.
2️⃣ Recommending President’s Rule (Article 356).
3️⃣ Acting as Administrator of a Union Territory (if given charge).
4️⃣ Deciding royalty to Tribal Councils (Assam, Meghalaya, Tripura, Mizoram).
5️⃣ Seeking information from CM on administrative & legislative matters.

🔹 Situational Discretion (Political Discretion)

✅ Governor can act without CoM’s advice in:
1️⃣ Appointing CM when no party has a clear majority or after CM's sudden death.
2️⃣ Dismissing CoM if it loses the assembly's confidence.
3️⃣ Dissolving assembly if CoM loses majority.