INTRODUCTION
Articles 153 to 167 in Part VI deal with the state executive consisting of the governor, the chief minister, the
council of ministers and the advocate general of the state. The governor is the chief executive head of the
state. But, like the President, he/she is a nominal executive head (titular or constitutional head). Usually, there
is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of
the same person as a governor for two or more states.
APPOINTMENT
The governor is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of
the Central government. But, the Supreme Court in the Hargovind Pant case held that the office of the
governor is an independent constitutional office and is not under the control of or subordinate to the Centre.
ELIGIBILITY CRITERIA
● He should be a citizen of India.
● He should have completed the age of 35 years.
● He should not be a member of either House of Parliament or a House of state legislature.
● He/she should not hold any office of profit under the government.
Additionally, two conventions have emerged over time, though not consistently followed:
● The Governor should ideally be from outside the state to remain free from local political pressures.
● The President should consult the state’s Chief Minister to ensure smooth constitutional functioning.
TERM
A Governor holds office for a five-year term, during the President's pleasure. He may resign at any time by
addressing the President. A Governor may be reappointed in the same or a different state and can continue in
office beyond the five-year term until a successor takes over, ensuring no interregnum in governance.
POWERS AND FUNCTIONS
EXECUTIVE POWERS
1. All executive actions of the government of a state are formally taken in his name.
2. He appoints the chief minister and other ministers. They also hold office during his pleasure.
3. He appoints the advocate general of a state, the chairman and members of the state public service
commission, the state election commissioner and so on.
4. He can seek any information relating to the administration of the affairs of the state and proposals for
legislation from the chief minister
5. He can require the chief minister to submit for the consideration of the council of ministers any matter
on which a decision has been taken by a minister but which has not been considered by the council.
6. He/ she can recommend the imposition of a constitutional emergency in a state to the President.
During the period of President's rule, the governor enjoys extensive executive powers as an agent of
the President.
LEGISLATIVE POWERS
1. He/ she can summon or prorogue the state legislature and dissolve the state legislative assembly.
2. He/ she can send messages to the house or houses of the state legislature, with respect to a bill
pending in the legislature or otherwise.
3. He/ she can appoint any member of the State Legislative Assembly or the State Legislative Council to
preside over proceedings when the offices of both the Speaker & Deputy Speaker, or the Chairman &
Deputy Chairman, respectively, are vacant.
4. He/ she nominates one-sixth of the members of the state legislative council from amongst persons
having special knowledge or practical experience in literature, science, art, cooperative movement and
social service.
5. He/she 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. He/ she can also withdraw
an ordinance anytime. This is the most important legislative power of the governor.
6. When a bill is sent to the governor after it is passed by state legislature, he/she can: (a) Give his/ her
assent, or (b) Withhold his/ her assent, or (c) Return the bill (if it is not a money bill) for reconsideration.
However, if the bill is passed again by the state legislature with or without amendments, the governor
has to give his/ her assent to the bill. Thus, the governor enjoys only a suspensive veto. Reserve the
bill for the consideration of the President.
FINANCIAL POWERS
1. Money bills can be introduced in the state legislature only with his/ her prior recommendation.
2. He/she causes to be laid before the state legislature the Annual Financial Statement (state budget).
3. No demand for a grant can be made except on his/her recommendation.
4. He/she can make advances out of the Contingency Fund of the state to meet any unforeseen
expenditure.
5. He/she constitutes a finance commission after every five years to review the financial position of the
panchayats and the municipalities.
JUDICIAL POWERS
1. He/she can grant pardons, reprieves and commutations as well as suspend or reduce sentences for
individuals convicted of any offence under laws within the state's executive jurisdiction.
2. He/she is consulted by the President while appointing the judges of the concerned state high court.
3. He/she makes appointments, postings & promotions of the district judges in consultation with the state
HC.
4. He/ she also appoints persons to the judicial service of the state (other than district judges) in
consultation with the state high court and the State Public Service Commission.
CONSTITUTIONAL POSITION
The Constitution of India provides for a parliamentary form of government in the states as in the Centre.
Consequently, the governor has been made only a nominal executive, the real executive constitutes the
council of ministers headed by the chief minister. In estimating the constitutional position of the governor,
particular reference has to be made to the provisions of:
● Article 154: The executive power of the state shall be vested in the governor and shall be exercised by
him/her either directly or through officers subordinate to him/ her in accordance with this Constitution.
● Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise
the governor in the exercise of his/ her functions, except in so far as he/ she is required to exercise his/
her functions in his/ her discretion.
The governor has constitutional discretion in the following cases:
1. Reservation of a bill for the consideration of the President.
2. Recommendation for the imposition of the President's Rule in the state.
3. While exercising his or her functions as the administrator of an adjoining union territory (in case of
additional charge).
Additionally, the governor also has situational discretion derived from the exigencies of a prevailing political
situation in the following cases:
1. Appointment of the chief minister when no party has a clear-cut majority in the state legislative
assembly or when the chief minister in office dies suddenly, and there is no obvious successor.
2. Dismissal of the council of ministers when it cannot prove the confidence of the state legislative
assembly.
3. Dissolution of the state legislative assembly if the council of ministers has lost its majority.
CONCLUSION
Thus, the Constitution has assigned a dual role to the office of the governor in the Indian federal system.
He/she is the constitutional head of the state as well as the representative of the Centre (i.e., President).
