Governor – Appointment, Qualifications, Role, and Powers

By Nisman Parpia

Introduction

The state executive comprises of the Governor, Chief Minister, Council of Ministers along with the Advocate-General of State. Governor of the state is the Chief Executive official, the head of the state in the same way as the president is the head of the republic.

Governors of Indian states have been endowed with similar powers and functions at the state level as that of the President at the capital. The Governor is the nominal head of a state, and the Chief Minister is the executive head.

The Central Government nominates the governor for each state. All executive actions of the state are taken in the name of the Governor but in reality, he merely gives his consent to several executive actions. He or she is denuded of taking any major decisions.

The real powers in the executive dealings of a state are vested with the Chief Minister and the Council of Ministers. According to 7^th amendment act in the Constitution of India, brought about in 1956, one individual can be the Governor of two or more states^[1].

Apart from the governors in the states, Lieutenant governors are appointed in Union Territories of Delhi, Andaman Nicobar Island and Puducherry. All the rest of the union-territories are governed by an Administrative Head who is an IAS officer. The only exception that exists is Chandigarh.

The governor of Punjab also holds the position of the lieutenant governor of Chandigarh. The powers and role of the Lieutenant Governor of a union-territory are similar to the powers of a Governor of a state in India.

Both of these officials are appointed by the President of India for a term of 5 years.

The primary duties and responsibilities of a governor talk about serving as the state’s chief executive officer, overseeing the functions of the executive branch of government, reporting to the General Assembly and the citizens of India on the condition of the state, recommending legislation to the General Assembly, reviewing approved bills, signing the legislation which later become law, Issuing executive orders on matters important to the state and serving as commander-in-chief of the state’s armed forces.

A governor also grants reprieves, commutes and pardons, we will read about these functions and powers in detail below. Articles 153 to 167 of the Indian Constitution cover the provisions in relation to the state governments of the country.

Article 157 – Appointment of a Governor

The Governor of a particular state is not elected by the process of direct or indirect voting which applies to the Chief Minister, the Prime Minister or the President of the country. The Governor is appointed directly by the President of India, by warrant under his hand and seal for a period of five years as mentioned in Article 155^[2].

The Governor must meet all the eligibility criteria listed below, in order to be appointed by the President. The Central Government holds the responsibility of nomination of the governor for each state. As the Governor is holding the office under the pleasure of the President, his office has no fixed tenure.

The President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution. Governors may also get transferred from one state to another by the President and can also be reappointed.

Eligibility Criteria

As per the Constitution of India, the following are the eligibility criteria for the appointment of the position of Governor in a particular state:

• He or she must be a citizen of India.
• He or she must have completed the age of 35 years.
• He or she must not be holding any other office of profit.
• He or she must not be a member of the Legislature of the Union or of any other state.

There are no barriers to the selection of a Governor from amongst the members of the Legislature, provided that on the appointment of Governor, he or she immediately ceases to be a member of the Legislature.

Article 158 – Conditions applicable to be eligible for the office of Governor

There are certain conditions enlisted in the constitution with regard to a person who is appointed as a Governor of the state:

• The Governor of a state should not be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the houses, he should vacate the seat and no longer be a member of the legislature as soon as his first day begins as the Governor in the office.
• He cannot hold any office of profit.
• For residing, Raj Bhavan is allocated to him without the payment of any rent.
• Parliament decides his emoluments, allowances, and other privileges.
• When a governor is responsible for two or more states, the emoluments and allowances payable to him are shared by the states in proportions which are determined by the President.
• Parliament is not empowered to diminish the emoluments and allowances of the governor during his term of office.
• He is provided immunity from any criminal proceedings, even in respect of his personal acts.
• Arrest or imprisonment of the Governor is not bound to take place. Only civil proceedings can be initiated for his personal acts after giving two months of prior notice.

Salary of the Governor

The monthly salary of a Governor is Rs 1,10,000, as specified in the Governor’s Emoluments, Allowances and Privileges Act of 1982.^[3] The Governor is also entitled to certain benefits and allowances, which shall not be diminished during his office term, constituting of five years.

Powers and functions of the Governor

Powers of the governor can be divided into executive, legislative, judicial, emergency, financial and discretionary powers.

Executive powers

Article 154 of the Indian Constitution talks about the executive power of the State being vested in the hands of the Governor which shall be exercised by him either directly or indirectly, through officers’ subordinate to him in accordance with this Constitution.

The following comes under his executive powers:

• Every executive action that the state government takes, is to be taken in the name of the governor of that state.
• The governor specifies the rules and instructions for how an order that has been taken up in his name is to be authenticated.
• The governor makes rules for the exchange of the matters and portfolios of the legislature of the State for its allotment among Ministers.
• He has been entitled with the privilege to look for data from the Chief Minister, and the Chief Minister of the State must notify and answer him regarding all choices of his service and can likewise require the Chief Minister to present any individual Minister’s choice for the thought of the Council of Ministers.
• The Governor may/may not generate rules for simplification of transactions of the business of the state government.
• Chief Ministers and other ministers of the states are appointed by the Governor himself.
• It is the responsibility of the Governor to appoint Tribal Welfare Minister in the following states of:
  • Chhattisgarh
  • Jharkhand
  • Madhya Pradesh
  • Odisha
• The Governor appoints the advocate general of states and determines their remuneration.
• He appoints the people for the following posts:
  • State Election Commissioner
  • Chairman and Members of the State Public Service Commission
  • Vice-Chancellors of the universities in the state
• The Governor seeks information from the state government.
• A constitutional emergency in the state is recommended by the Governor to the President.
• The governor enjoys extensive executive powers as an agent of the President during the time of President’s rule in the state.

Legislative Powers

• The Governor of a state is said to be a part of the State Legislature, and so he has the right to address and send messages, summon, defer and even dissolve the State Legislature, just like the President has, in adherence to the Parliament. Although these are formal powers, in reality, the Governor is guided by the Chief Minister along with his Council of Ministers before making and executing such decisions.
• The Governor inaugurates the state legislature, in the first session every year, and addresses the Assembly, emphasizing on the new administrative policies of the ruling government.
• He may adjourn the Houses or either House and break up the Legislative Assembly. For instance, on12th of March, 1967, the Governor of Punjab, Dr D.C. Pavate, had prorogued the State Vidhan Sabha (Legislative Assembly) which was deferred by the Speaker for two months on March 7, 1967, preceding the House could think about the Budget. This was an initial play towards an answer of established emergency that captivated the State. The disintegration of the Assembly has been finished by the Governors numerous periods.
• The governor can address either or both of the Houses, amassed together at the beginning of the first session after each General Election and furthermore, at the initiation of the main session every year.
• He is engaged in saving specific Bills for the consent of the President like the Bills which accommodate obligatory procurement of the property or diminishing the forces of the High Court has to be saved for President’s assent.
• The Governor puts forth before the State Legislature, the annual financial statement and also makes demands for grants and recommendation of ‘Money Bills’.
• The Governor constitutes the State Finance Commission and also beholds the authority to make advances out of the Contingency Fund of the State in situations leading to unforeseen circumstances.
• All bills passed by the Legislative Assembly become a law, only after the approval of the Governor of the state. In case it is not a money bill, the Governor upholds the right to send it back to the Vidhan Sabha for reconsidering it. But if the Vidhan Sabha sends back the Bill to the Governor again, he is bound to sign it.
• The Governor has full competency to promulgate an ordinance when the Legislative Assembly is not in session, and a law is necessitated to be brought into effect immediately. However, the ordinance is presented in the state legislature in the next session, and remains operative for a total number of six weeks, unless it is approved by the legislature.
• If the speaker and the deputy speaker of the legislative assembly, both are absent, then Governor is empowered to appoint a person for the purpose of presiding over the session.
• As President has the authority to nominate 12 members in Rajya Sabha, Governor also similarly appoints ⅙ of the total members of the legislative council from the fields of:
  • Literature
  • Science
  • Art
  • Cooperative Movement
  • Social Service
• As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from the community of Anglo-Indians.
• The Governor has the right to consult Election Commission for the disqualification of members.
• With respect to the bill introduced in the state legislature, the governor can give assent, withhold his assent, Return the bill or even reserve the bill for the President’s consideration.

Judicial Powers

• According to Article 161 of the Indian constitution, The Governor can grant pardons, reprieves, respites or remission of punishments. He also has the capacity to suspend, remit or commute the sentence of any person convicted of an offence against the law.
• The Governor is consulted by the President in the appointment of the Chief Justice and judges of High Court of the very particular state.
• In consultation with the state High Court, Governor looks after the appointments, postings, and promotions of the district judges.
• In consultation with the state high court and state public service commission, the Governor also appoints persons to the various judicial services.

Emergency Powers

• In cases where not a single political party bags a majority in the Vidhan Sabha of the state, the Governor holds the discretion powers to select and appoint the Chief Minister of that state.
• The Governor informs the President in an official report, of a particular emergency which has arisen in the state, and imposes ‘President’s Rule’ on the behalf of the President. The Governor, in such circumstances, overrides the advice or functions of the Council of Ministers, and directs upon himself, the workings of the state.

Financial Powers

• The Governor looks over the state budget which is put forth in the state legislature.
• The recommendations and suggestions of the Governor is a prerequisite for the introduction of money bill in the state legislature
• Under Article 205, the Governor is empowered to request advantageous, expansion or abundance gifts from the State Legislature.
• No money Bill can be presented in the Assembly except from the one on Governors’ proposal.
• Amendments for making arrangements regarding budgetary issues can’t be moved without the assent of or on the recommend­ations of the Governor if any changes have to be made.
• Governor is necessitated to check the yearly financial report or spending plan of the State that is presented before the House or Houses of the Legislature.
• He proposes the demand for grants which otherwise cannot be given.
• The Contingency Fund of State is looked after by the Governor and he makes advances to meet unforeseen expenditure.
• The Governor of the state constitutes the State Finance Commission every 5 years.

Discretionary Powers

The discretionary powers of the Governor in state are much more extensive as compared to the President in centre in India. Taking an example of, Article 163 of the constitution which says that there shall be a Council of Ministers in the states with the Chief Minister at the head to aid, advise and help the Governor in exercising his functions, except those which are required to be done by the Governor on his/ her discretion.

The constitution further says that if any question is raised if a matter falls within the Governor’s discretion or not, the decision of the Governor will be final, and the plausibility of any action taken by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his/her discretion.

Moreover, an advice which is tendered by the Governor to the Ministry cannot be inquired into a court.

Some discretionary powers

• Governor can dissolve the legislative assembly if the chief minister has advised him to do so, following a vote of no confidence. he/ she has the powers to decide what he/she would like to do.
• Governor, on his/ her discretion, can recommend the president about the failure of the constitutional machinery and thus implementation of new plans in the state.
• On his/ her discretion, the Governor can reserve a bill which has been passed by the state legislature for president’s assent.
• If there is not a single political party with a clear-cut majority in the assembly, the Governor of the state on his/ her discretion can appoint anybody as chief minister.
• Governor ascertains the amount that is payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty arising from licenses for mineral exploration.
• Governor can seek information from the chief minister in relevance to the administrative and legislative matters of the state. Governor has discretion to refuse to sign an ordinary bill passed by the state legislature.
• Hence, even if the Governor is made the constitutional head of a state just like the President of India, there remains a thin line as the Constitution has empowered the Governor to act without the advice of the Chief Minister and his council and can use his own discretion on certain matters.

Special Responsibilities of Governor

The constitution has also laid down certain special powers and functions possessed by the Governor in particular states which have to be exercised in consultation with the Council of Ministers in state. These include:

• Establishment of two different development boards for Vidarbha and Marathwada in the state of Maharashtra (Article 371).
• Establishment of two separate development boards for Saurashtra and Kutch in Gujarat (Article 371).
• The Governor of Nagaland has a distinctive responsibility with regard to the law and order in the State of Nagaland for so long as in his opinion internal disturbances and disputes occurring in the Naga Hills-Tuensang Area immediately before the formation of that State has been continued. (Article 371A)
• Special powers with respect to administration of tribal areas in the State of Assam (Article 371B).
• Special powers with respect to Manipur in relation to administration of hill areas in Manipur (Article 371C)
• For peace and wellbeing and to ensure social and economic advancement of the different sections of the population in Sikkim (371F).
• With respect to law and order in the state of Arunachal Pradesh (371H).

Conclusion and criticism

The governor of a state isn’t just a titular head and does play an important part in the governance of a state in the country. The academic position of Governors of states under the Indian Constitution anticipates that the office of Governor is not biddable to the Union.

He is an independent Constitutional functionary who is ought to dedicate himself to the wellbeing and service of the citizens. While doing so, the Governor acts as a defender of the Constitution ensuring that the State is being carried on in adherence with the Constitution of India.

In this way, he acts as a representative of the Union, but this representation can in no sense be corresponded to an agency under the Union.

The Governor acts as a representative of the Centre at the state in which he facilitates the Union to implement its ultimate responsibility of ensuring that the state administration is being discharged in accordance with the Constitution.

This does not imply that he acts as an agent of the Centre as he is not accountable to the Union in the mode of discharging and carrying out his obligations. However, we as individuals cannot overlook the fact that the Governor is no more than a dubious functionary in a pathetic state.

The mode of appointment of Governor gives the edge to the Centre to have a firm control over the office bearer. The authority of President to remove the Governor at his pleasure adds to the plight of the end of the State.

One can critically analyse here, that there is a major inconsistency in the provisions of the Constitution in respect to owing the responsibility for such an embarrassing position of the Governor. This forces one to believe that the achievement of federalism in India will always remain to be a wishful dream.

Criticism has also been pointed that the Union Government always utilizes the Governor for its own selfish, political motives and ends.

Lately, it has also been observed that many Governors of the state come to regard themselves as the agents of ruling party rather than being the guardians of federal democracy.

References

• prsindia.org
• haryanarajbhavan.gov.in
• upgovernor.gov.in
• byjus.com
• elections.in
• blog.ipleaders.in
• lawteacher.net
• governor.telangana.gov.in
• .iilsindia.com

1. .casemine.com ↑
2. Article 155. Appointment of Governor : The Governor of a State shall be appointed by the President by warrant under his hand and seal. ↑
3. prsindia.org ↑