The Powers Of The Governor As The Head Of The State

The Powers Of The Governor As The Head Of The State- The role of the Governor has emerged as one of the important issues in Inter-State relations. Talking about today’s situation when different political parties are in power in different states, not like before when one party used to control both the Parliament and the State Legislatures. The Governor owes his appointment to the Union Council of Ministers.

The governor is the head of a state just like the President is for the whole of India. Governor forms an essential part of the State Executive, while he is the nominal head of the state and Chief Minister is the executive head[1]. The role of Governor as the Head of the State is very essential as he acts in a dual capacity as – the Constitutional Head at the state level (bounded through the advice of his Council of Ministers) and he also acts as a link between the state government and the center [2].

Contents  hide 

1 The Governor

2 Powers and Functions of Governor in India2.1 Being the Executive Head, he makes important appointments of the State under the following Articles:

2.1.1 2. Legislative Powers:

2.1.2 3. Financial Powers:

2.1.3 4. Pardoning Powers:

2.1.4 5. Ordinance Making Power:

3 References

3.1 Related

The Governor

According to Article 153 of the Indian Constitution – ‘There shall be a Governor for each state’ and he is appointed by the President under Article 155.

The Article 156 deals with the tenure and removal of the Governor, and

Article 157 & 158 specifies the qualifications needed for the appointment of the Governor

An Article 153 – 167 deals with all the subjects related to the Governor of the State

Powers and Functions of Governor in India

1. Executive Powers

Article 154:Executive power of State– The Executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through an officer’s subordinate to him in accordance with this Constitution. The governor can exercise his powers directly or indirectly through his Council of Ministers.

According to Article 166 – All the executive actions of the Government of the State shall be expressed to be taken in the name of the Governor.

Being the Executive Head, he makes important appointments of the State under the following Articles:

• Article 164 – The Governor appoints the Chief Ministers and other Ministers appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh, and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
• Article 165 – The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State.
• The Governor appoints state Election Commissioners and the chairman and members of the State Public Service Commission. The Governor also appoints the Judges of the District Court. In case the Governor feels that the Anglo-Indian community has not adequately represented in the Vidhan Sabha, he or she can nominate one member of the community to the Legislative Assembly of the state.
• In all the states where a bicameral legislature is present, the Governor has a right to nominate the members, who are “persons having special knowledge or practical experience in matters such as literature, science, art, the co-operative movement, and social service”, to the Legislative Council[3].

2. Legislative Powers:

Article 174 – The Governor shall from time to time summon. The House or each House of the Legislature of the State. To meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

The Governor has the powers to summon and prorogue the State Legislature. He can also dissolve the State Legislative Assembly on the advice of Councils of Ministers headed by the Chief Minister.

• The Governor inaugurates the State Legislature, outlining new administrative policies of the ruling government at the first session every year.

3. Financial Powers:

Article 200 – deals with the powers of the Governor with regard to assent given to bills passed by the State legislature and other powers of the Governor. Such as reserving the bill for the President’s consideration. According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the Governor, he has four options:

1. Assents to the Bill
2. Withholds assent
3. Reserves the Bill for the consideration of the President
4. Returns the Bill to the Legislature for reconsideration.
5. The Governor also lay before the State Legislature the annual financial statement
6. The Governor constitutes the State Finance Commission. He has control over the State Contingency Fund

4. Pardoning Powers:

Article 161 – Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.

5. Ordinance Making Power:

Article 213 –  If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature is in session, the Governor are satisfy that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance

1. If the ordinance has certain provisions which the Governor would have reserved for the President in case it was a Bill.
2. If the State Legislature has an act with similar provisions and the same would be declared invalid without the President’s assent.

As we know the Governor act upon the advice of the Council of Ministers. But according to the Constitution under certain circumstances. Governor can act on his own such power is called the Discretionary Power.

1. If no political party or coalition party wins a majority in the Legislative Assembly. The Governor can exercise his power and invite a person to be the Chief Minister
2. If the government of the state is not acting according to the Constitution. Then the Governor can report it to the President.

So, Governor plays a very important role. He has to see that a stable government from in the state. It will not be correct to say that the Governor is just a ceremonial head of the state. Under certain circumstances when there is political instability the Governor act as a Real Executive head. So, the post of Governor is essential for the healthy functioning of Democracy.

References

4 https://rajbhavan-maharashtra.gov.in/en/constitutional-roles-in-brief/#:~:text=The%20executive%20power%20of%20the,and%20seal%20(Article%20155).

5 https://www.nga.org/governors/powers-and-authority/

6 Hemant Singh, Powers of State Governor in Indian Constitution (February 8,2021) https://www.jagranjosh.com/general-knowledge/governor-in-indian-constitution-1437998800-1

---

[1]Governor of India, Elections.in (February 7, 2021) https://www.elections.in/government/state-governor.html

[2]Mayank Shekhar, Governor’s Role in the Context of Centre State Relations. ( February 7, 2021) https://www.legalbites.in/governors-role-context-centre-state-relations/

[3]Subodh Asthana, Power and Position of Governor in India, (Feb 8, 2021)https://blog.ipleaders.in/powers-positions-governor-constitution/