Governor - Powers and Functions

STATE GOVERNMENT
Executive
Dr A N Rao

STATE GOVERNMENT
Executive
1. Governor
2. Chief Minister and
3. Council of Ministers

State Executive (Article 153-167)
○ The state executive of Indian Polity is also a part of the political
executive that comprises three important posts:
○ Governor (Article 153-161)
○ Chief Minister & Council of Ministers (Article 164-167)
○ Advocate-General of State (Article 165 and 177)
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Who is a Governor?
○ Governor is a nominal executive head of the state. He forms an
important part of the state executive where he acts as the chief
executive head. Central Government nominates the governor for each
state.
○ How is a Governor Appointed?
○ The Indian President appoints Governor for each state by warrant under
his hand and seal. Central Government is responsible to nominate the
governor for each state.
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Who is a Governor?
○ Unlike elections of President, there is no direct or indirect election for
the post of Governor.
○ The office of a governor is not a part of the union executive and is an
independent constitutional office. The governor doesn’t serve the union
government and neither is subordinate to it.
○ The nomination of a governor by the Union and his appointment by the
President in India is based on the Canadian model of government.
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Who is qualified to become a Governor?
○ Unlike Lok Sabha or Rajya Sabha members or even in the case
of Prime Minister or President who have a set of qualifications to
meet to hold the office; Governor has to meet only two
qualifications:
○ He should be an Indian Citizen
○ He should be 35 years old or more
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Who is qualified to become a Governor?
○ Note: There are two conventions that the government follow before
nominating a person as a Governor:
○ That person is not appointed as the governor who belongs to the state.
He shall be an outsider having no relation with the state he is being
appointed to.
○ Consultation of the Chief Minister is taken by the President before
appointing a governor
○ It should also be noted that both the above conventions are not
absolute and have been ignored by the union government in many
instances. 8

What are the conditions of Governor office?
○ There are a few conditions for a person to be appointed as a Governor:
1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a
member of either of the house, he should vacate the seat on his first
day as Governor in the office.
2. He should not hold any office of profit.
3. For his residence, Raj Bhavan is provided to him without the payment of
rent..
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What are the conditions of Governor office?
4. Parliament decides his emoluments, allowances, and privileges.
5. When a governor is responsible for two or more states, the emoluments
and allowances payable to him are shared by the states in such
proportion as the President may determine.
6. Parliament cannot diminish his emoluments and allowances during his
term of office.
7. He is given immunity from any criminal proceedings, even in respect of
his personal acts
8. Arrest or imprisonment of the Governor cannot take place. Only civil
proceedings can be initiated for his personal acts that too after giving
two months’ of prior notice. 10

1. What are the powers and
functions of the Governor?
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What are the powers and functions
of the Governor?
1. Executive Powers of the Governor
2. Legislative Powers of the Governor
3. Financial Powers of the Governor
4. Judicial Powers of the Governor
5. Governor’s Discretionary Powers
a) Constitutional
b) Situational
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1. Every executive action that the state government takes, is to be
taken in his name.
2. How an order that has been taken up his name is to be
authenticated, the rules for the same can be specified by the
Governor.
3. He may/may not make rules to simplify the transaction of the
business of the state government.
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4. Chief Ministers and other ministers of the states are appointed
by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the
states of:
• Chattisgarh
• Jharkhand
• Madhya Pradesh
• Odisha rule in the state.
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6. He appoints the advocate general of states and determines
their remuneration
7. He appoints the following people:
8. State Election Commissioner
9. Chairman and Members of the State Public Service
Commission
10. Vice-Chancellors of the universities in the state
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11. He seeks information from the state government
12. A constitutional emergency in the state is recommended to the
President by him.
13. The governor enjoys extensive executive powers as an agent of
the President during the President’s rule in the state.
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2. Legislative Powers of
the Governor
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1. It’s in his power to prorogue the state legislature and dissolve the state
legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not
send a bill to the state legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is
Deputy Speaker, then Governor appoints a person to preside over the
session
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5. As President nominates 12 members in Rajya Sabha, Governor appoints
⅙ of the total members of the legislative council from the fields of:
• Literature
• Science
• Art
• Cooperative Movement
• Social Service
6. As President nominates 2 members in the Lok Sabha, Governor
nominates 1 member in state legislative assembly from Anglo-Indian
Community.
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7. He can consult Election Commission for the disqualification of
members
8. With respect to the bill introduced in the state legislature, he
can:
• Give his assent
• Withhold his assent
• Return the bill
• Reserve the bill for the President’s consideration (In instances where
the bill introduced in the state legislature endangers the position of
state High Court.)
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3. Financial Powers of
the Governor
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3. Financial Powers of the Governor
○ He looks over the state budget being laid in the state legislature
○ His recommendation is a prerequisite for the introduction of money bill
in the state legislature
○ He recommends for the demand for grants which otherwise cannot be
given
○ Contingency Fund of State is under him and he makes advances out
that to meet unforeseen expenditure
○ State Finance Commission is constituted every five years by him.
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4. Judicial Powers of
the Governor
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4. Judicial Powers of the Governor
1. He has the following pardoning powers against punishment:
• Pardon
• Reprieve
• Respite
• Remit
• Commute
2. President consults the Governor while appointing judges of High Court
3. In consultation with the state High Court, Governor makes
appointments, postings, and promotions of the district judges
4. In consultation with the state high court and state public service
commission, he also appoints persons to the judicial services.
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5. Discretionary Powers of
the Governor
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5. Discretionary Powers of the Governor
The decisions can be taken by the governor’s discretion which is
categorized into two parts:
1. Constitutional
2. Situational
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1. Constitutional Discretion of Governor
1. When they have to reserve the bill for the consideration of the President of India,
Governors can decide on their own without the advice of the Council of Ministers
2. When he has to recommend for the President’s rule in the state, he can act at his
own discretion
3. When he is given an additional charge as the administrator of the Union Territory,
he can take actions at his own discretion
4. When he has to determine the amount payable by the Government of Assam,
Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as
royalty accruing from licenses for mineral exploration
5. When he calls upon the Chief Minister to seek information regarding
administrative and legislative affairs
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2. Situational Discretion of the Governor
1. When he has to appoint a Chief Minister after no party has a clear majority in the
election or when the incumbent dies in the office
2. When he dismisses the council of ministers on an inability to prove confidence in
the state legislative assembly
3. When he dissolves the state legislative assembly on time when it loses its
majority
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The other situations where the governor, though has to consult the council of
ministers but finally can act at his own discretion are:
1. When he has to establish separate development boards for Vidarbha and
Marathwada in Maharashtra
2. When he has to establish separate development boards for Saurashtra and
Kutch in Gujarat
3. With respect to law and order in the state for so long as the internal disturbance
in the Naga Hills–Tuensang Area continues in Nagaland
4. With respect to the administration of tribal areas in Assam
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5. Regarding the administration of the hill areas in Manipur
6. For peace and social and economic advancement of the different sections of the
population in Sikkim
7. With respect to law and order in Arunachal Pradesh
8. When he has to establish separate development boards for the Hyderabad-
Karnataka region in Karnataka
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THANKS!
Any questions?
You can find me at @prof.anrao@gmail.com
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Governor - Powers and Functions

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