Powers, functions and role of Governor

1. Title of the Topic
Governor
Nominal Executive of the State
Name of the Presenter
Mrs. Neha Nitin Wadekar

2. State Executive
Nominal executive
Governor
Real executive
Chief Minister & his
Council of Ministers

3. Governor
• Art. 153 – Governor is the constitutional head of the
State Government
• Art. 154 – Executive powers are assigned to the
Governor
• Art 155 – The Governor of the State is appointed by the
President
• Art. 156 – he holds his office at the pleasure of the
President

4. Conditions of Governor’s Office
• Eligibility : Art. 158
1. Should be citizen of India
2. Should have completed 35 yrs of age
3. Must not hold any office of Profit or must not be member of Legislature of
the Union or the State
• Appointment : Art. 155
1. The Governor of the State must not elected but appointed by the President
of India and holds office at the pleasure of the President.
2. Normally there shall be a Governor for each State, but an amendment of
1956 makes it possible to appoint the same person as the Governor for two
or more States.
• Term of the Office :
Normal term shall be five years but it may be terminated earlier by-
1. Dismissal by the President at whose ‘pleasure’ he holds the office [art.
156(1)
2. Resignation [Art. 156(2)

5. Powers of the Governor
• Executive Powers
• Legislative Powers
• Judicial Powers
• Emergency Powers
• Veto power
• Ordinance making
Powers
• Discretionary Functions

6. Powers of the Governor
• Executive Powers –
1. He appoints the Chief Minister and appoints Council of
Ministers on his advice
2. Appointment of the advocate General, the State Election
Commissioner and members of the State Public Service
Commission

7. • Legislative Powers –
1. He is the part of State Legislature just as the President is a part of Parliament
2. Right of addressing and sending messages and of summoning, proroguing and
dissolving in relation to State Legislature
3. He can address either house or both of the Houses, assembled together at the
beginning of the first session after each General Election and also at the
initiation of the main session every year.
4. Power to nominate one member of Anglo Indian Community to the Legislative
Assembly if they are not adequately represented
5. Power to appoint 1/6 members to the upper chamber i.e. Legislative Council
from the persons having special knowledge or practical experience in respect
of matters such as literature, science, Art and Social Service.
6. the Bills passes by the State Legislature require his consent. He can retain his
consent and return the Bill (if it is not money bill) for re-examination to the
State Legislature. But if the Constituent assembly send it back for second time
he has to sign it

8. • Financial Powers –
• The Annual Financial Statement of the State is presented in the
Legislative Assembly with his consent
• No money bill can be introduced in the State Legislature without
the prior recommendation of Governor
• He has control over the State Contingency Fund

9. • Judicial Powers –
1. He entitled to be consulted by the President in the appointment
of the judges of the High court of that particular State.
2. He has powers regarding appointment, promotion, transfer etc.
of district judges in consultation with the State High Court.
3. According to Art. 161 the Governor has the power to grant
pardons, reprieves, respites, commutations and remissions of
punishment of a convict against any law relating to a matter to
which the executive power of the State extends

10. • Emergency Powers –
1. According to Art. 356 he can report to the president if he is
satisfied about the situation in which government of the state
cannot be carried out in accordance with the provisions of the
Constitution and to recommend for need of Presidents Rule

11. • Veto power –
• Governor is open to take any of the following step with regard to
the bill submitted to him after passage in the State Legislature.
1. He may give his assent to the bill, and in such situation it would
become a law at once; or,
2. He may declare that he withholds his assent to the Bill, in which
case the Bill fails to become a law; or,
3. In case of bill other than money bill he may return the Bill with a
message
4. He can reserve a Bill for consideration of the President.

12. • Ordinance making Powers –
• Under Art. 213 Governor is assigned with Ordinance-making power in the
following respects:
1. The Governor shall have this power only when the Legislature, or both
/houses thereof, are not in session;
2. It is not a discretionary power, but must be exercised with the aid and advice
of ministers
3. The ordinance must be laid before the State Legislature when it reassembles,
and a shall automatically cease to have effect at the expiration of 6 weeks
from the date of re-assembly, unless disapproved earlier by that legislature.
4. The Governor shall be competent to withdraw the Ordinance at any time
5. The scope of Ordinance-making power of the Governor is co-extensive with
the legislative powers of the State Legislature and shall be confined to the
subjects in Lists II and III and Sch. VII

13. • Discretionary Functions –
• Art. 163(1) : Authorizes the Governor to exercise some functions ‘in his discretion’
His discretionary functions are:
1. Para 9(2) of the 6th Schedule provides that the Governor of Assam shall,
in his discretion determine the amount payable by the state of Assam to
the District Council as royalty accruing from licenses for minerals.
2. Art. 239 (2) which was added by the 7th Amendment Act of 1956 which
authorizes the President to appoint the Governor of a State as the
administrator of an adjoining Union Territory and provides that where a
Governor us so appointed, he shall exercise his functions as such
administrator independently of his Council of Ministers
Continued…….

14. • Some Special Responsibilities
• Under Art 371(2) Governor of Maharashtra and Gujrat have a special
responsibility for establishment of development boards for certain areas
in their respective States such as Vidharbha, Marathwada, Saurashtra and
Katchh.
• Under Art. 371 A (1) (b) introduced in 1962 the Governor of Nagaland
have similar responsibility with respect to ensuring law and order in that
State as long as internal disturbances caused by the hostile Nagas in that
State continue.
• Art 371 ( c) (1) as inserted in 1971 empowers the President to direct that
the Governor of Manipur shall have special responsibility to secure the
proper functioning of the Committee of the Legislative Assembly of the
State consisting of the members elected from Hill areas of that State.
• Art 371 F (g), inserted by the constitution 36th Amendment Act 1975
imposes a special responsibility upon the Governor of Sikkim for peace
and an equitable arrangement for ensuring the social and economic
advancement of different sections of the population of Sikkim.
• Art. 371 H (a) assigns special responsibility to the Governor of Arunachal
Pradesh with respect to law and order.

15. • Matters in which Governor acts without ministerial advice
1. Reservation of the Bill for reconsideration of the President (Art. 200 )
2. Making a report to President about the rise of situation in which the
Government of State cannot be carried on in accordance with the provisions
of the Constitution and recommending President’s rule in the State (Art.356)
3. Some situations in relation with the working of the Government of State
such as
– When no party gets clear majority in the legislative assembly
– If the appointed Chief Minister fails to prove the majority
– And when the present council of ministers losses the confidence of the
Legislative Assembly

16. Dual Role of Governor
1. Constitutional Head of the State
2. Bridge between Centre and State
But in Practice :
• Agent of the Centre

17. References :
Dr. Basu D. D., Introduction to the Constitution of India, Wadhwa and
Company, Nagpur
https://www.sandarbha.com/role-and-responsibilities-of-governors-in-
india/29 May
https://www.clearias.com/governor-of-states/
https://blog.ipleaders.in/powers-positions-governor-constitution/