State Executive : Powers and functions of Governor

<–2/”>a >The Governor is the head of the State Executive. He is also the representative of the Centre in the state. The Governor acts as the nominal head whereas the real power lies in the hand of the Chief Ministers of the states and the Chief Minister’s Council of Ministers.

ARTICLE 153 of the Constitution states that there shall be a Governor for each State. One person can be appointed as Governor for two or more States. Article 154 vests the executive power of the State in the Governor. Article 155 says that “The Governor of a State shall be appointed by the President by warrant under his hand and seal”. Article 156 provides that “The Governor shall hold office during the pleasure of the President”. The term of the Governor is prescribed as five years. The only qualifications for appointment as Governor are that he should be a citizen of India and must have completed the age of thirty-five years.

The powers of the Governor can be categorized as

(i) Executive powers:-Governor is the head of the State executive and The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.Governor appoints the Chief Minister of the State. Other ministers are also appointed by the Governor on the advice of the Chief Minister. The ministers including the Chief Minister hold office during the pleasure of the Governor.

(ii) Legislative powers:- Governor has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature. The Governor inaugurates the state legislature and the first session of each year, by addressing the Assembly, outlining the new administrative policies of the ruling government.The Governor lays 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. He also holds the power to make advances out of the Contingency Fund of the State in the case of any unforeseen circumstances.All bills passed by the Legislative Assembly become a law, only after the Governor approves them. In case it is not a Money Bill, the Governor holds the right to send it back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the Bill to the Governor the second time, then he has to sign it.The Governor has the power to reserve certain bills for the President. The Governor has the power to promulgate an ordinance when the Legislative Assembly is not in session, and a law has 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 of six weeks, unless it is approved by the legislature.

(iii) Financial powers:-Money bills in the State legislature cannot be introduced without prior recommendation of the Governor. Governor ensures that the Budget of the state is laid before the assembly every year. The “Contingency Fund of the state” is maintained and administered by the Governor of the state. Governor can advance money out of it for meeting unforeseen expenditures, but the money has to be recuperated with the authority of the state legislature. The Governor of the state receives the report of the States auditor general pertaining to the accounts of the legislature and puts it before the state legislature.

(iv) Judicial powers:-Under Article.161, Governor has the power to grant pardon, reprieve or remission of punishment or to suspend, remit or commute the sentences of any person, convicted of any offence against any law relating to the matter which the executive authority of the state extends.

(v) discretionary powers:-When no party gets a majority in the Legislative Assembly, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party as Chief Minister.,

The Governor of a state is the head of the state and the representative of the President of India in the state. The Governor is appointed by the President on the advice of the Central Government. The Governor has a number of powers and functions, which are listed in the Constitution of India.

Some of the important powers and functions of the Governor are as follows:

Appointment of Chief Minister and Council of Ministers: The Governor appoints the Chief Minister and other members of the Council of Ministers on the advice of the Chief Minister.
Dissolution of the Legislative Assembly: The Governor can dissolve the Legislative Assembly on the advice of the Chief Minister or on his own discretion.
Vetoing Bills: The Governor can veto any Bill passed by the Legislative Assembly. However, the veto can be overridden by a two-thirds majority of the members present and voting in the Assembly.
Appointing the Advocate General: The Governor appoints the Advocate General of the state on the advice of the Chief Minister.
Appointing the Chief Justice and other Judges of the High Court: The Governor appoints the Chief Justice and other Judges of the High Court on the advice of the Chief Justice of India.
Granting pardons, reprieves, respites and remissions of punishment: The Governor can grant pardons, reprieves, respites and remissions of punishment to persons convicted of offences against the state.
Rendering reports to the President on the administration of the State: The Governor is required to send a report to the President on the administration of the state every six months.
Issuing ordinances: The Governor can issue ordinances when the Legislative Assembly is not in session. Ordinances have the same force as laws passed by the Assembly.
Chairing the State Security Council: The Governor is the chairman of the State Security Council, which is responsible for the security of the state.
Representing the State in the Inter-State Council: The Governor represents the state in the Inter-State Council, which is a forum for discussing and resolving issues between states.
Exercising such other powers and functions as may be conferred on him by the Constitution or by any law made by the Legislature of the State: The Governor has a number of other powers and functions, which are not specifically mentioned in the Constitution. These powers and functions are conferred on him by laws made by the state legislature.

The Governor is a constitutional functionary and is not accountable to the Legislative Assembly. However, the Governor can be removed from office by the President on the ground of proved misbehaviour or incapacity.

The Governor is a powerful position and the person who holds the office has a significant impact on the governance of the state. It is important that the person who is appointed as Governor is a person of high Integrity and ability.

The Governor is the head of the state executive. He/She is appointed by the President of India on the advice of the Central Council of Ministers. The Governor holds office for a term of five years.

The Governor has the following powers and functions:

He/She is the head of the State Government.
He/She appoints the Chief Minister and other ministers of the state.
He/She can dissolve the state assembly.
He/She can give assent to or withhold assent to bills passed by the state assembly.
He/She can reserve bills for the consideration of the President of India.
He/She is the commander-in-chief of the state armed forces.
He/She has the power to grant pardons, reprieves, and remissions of sentences.
He/She is the chancellor of all state universities.
He/She has the power to appoint judges of the state high court.
He/She has the power to appoint the state election commissioner.
He/She has the power to appoint The State Public Service Commission.
He/She has the power to appoint the state ombudsman.

The Governor is a constitutional head and has to act on the advice of the Council of Ministers headed by the Chief Minister. However, he/she has some discretionary powers which he/she can exercise without the advice of the Council of Ministers.

The Governor is a very important constitutional functionary and plays a vital role in the governance of the state.

The Governor of a state is appointed by the:
(a) President of India
(b) Chief Minister of the state
(c) Prime Minister of India
(d) State Legislative Assembly
The Governor of a state has the power to:
(a) Dissolve the State Legislative Assembly
(b) Approve the State Budget
(c) Appoint the Chief Minister and other Ministers
(d) All of the above
The Governor of a state is the:
(a) Head of the State
(b) Head of the Government
(c) Head of the Judiciary
(d) None of the above
The Governor of a state can be removed from office by the:
(a) President of India on the advice of the Prime Minister
(b) Chief Minister of the state
(c) State Legislative Assembly
(d) None of the above
The Governor of a state has the power to:
(a) Pardon criminals
(b) Dismiss the State Government
(c) Give assent to Bills passed by the State Legislative Assembly
(d) All of the above
The Governor of a state is a:
(a) Constitutional functionary
(b) Political functionary
(c) Both (a) and (b)
(d) None of the above
The Governor of a state is the:
(a) Commander-in-Chief of the State Armed Forces
(b) Chancellor of the State Universities
(c) Both (a) and (b)
(d) None of the above
The Governor of a state is appointed for a term of:
(a) Five years
(b) Six years
(c) Four years
(d) Three years
The Governor of a state can be reappointed for a second term:
(a) Yes
(b) No
(c) May or may not
(d) None of the above
The Governor of a state can resign from office by writing to the:
(a) President of India
(b) Chief Minister of the state
(c) State Legislative Assembly
(d) None of the above