Dr. Ashis Dash
Power of the governor
1
Governor of the State
 The Governor’s appointment, his powers and everything related to the
office of Governor have been discussed under Article 153 to Article
162 of the Indian Constitution.
 The role of the Governor is quite similar to that of the President of India.
The Governor performs the same duties as of President, but for the
State. Governor stands as executive head of a State and the working
remains the same as of the office of President of India. Under the
Constitution of India, the governing machinery is the same as that of the
Central Government.
2
 It is stated that the Governor has a dual role.
 He is the constitutional head of the state, bound by the advice of
his council of ministers.
 He functions as a vital link between the Union Government and the
State Government.
3
Constitutional Provisions related to Governor
 The appointment and powers of government can be derived from Part VI of the
Indian constitution. Article 153 says that There shall be a Governor for each
State: Provided that nothing in this article shall prevent the appointment of the
same person as Governor for two or more States.
 The governor acts in 'Dual Capacity' as the Constitutional head of the state and
as the representative.
 He is the part of federal system of Indian polity and acts as a bridge between
union and state governments.
 Article 157 and Article 158 of the Constitution of India specify eligibility
requirements for the post of governor.
4
5
As per the Constitution of India, the following are the eligibility
criteria for the appointment of the Governor in a particular state:
 He or she must be a citizen of India.
 He or she must have completed 35 years of age.
 He or she must not hold 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 is no bar to the selection of a Governor
from amongst the members of the Legislature, provided that on
appointment, he or she immediately ceases to be a Member of the
Legislature.
Eligibility Criteria For The Appointment
Eexecutive Power
 As per Article 154, the Constitution states that the executive power of
the State shall be vested in the Governor who can exercise them
through directly or indirectly through subordinate officers.
 The State Government undertakes all executive action in the name of
the Governor.
 As per Article 164, the Governor has the power to appoint the Chief
Minister of the State, and upon the Chief Minister’s recommendation,
the appointment of other ministers.
6
Eexecutive Power
 The Governor appoints the Advocate General of the State, State
Election Commsioners and the chairman and members of the State
Public Service Commission. However, the Governor cannot remove the
members of the State Public Service Commission as they can only be
removed by an order of the President.
 In States with bicameral legislature, the Governor can further nominate
to the Legislative Council persons with special knowledge or practical
experience in matters of literature, art, science, cooperative movement
and social service.
7
Legislative Powers
 As the Governor is said to be a part of the State Legislature, he has the right
of addressing and sending messages, summoning, deferring and dissolving the
State Legislature, just like the President has, in respect to the Parliament.
Although these are formal powers, in reality, the Governor must be guided by
the Chief Minister and his Council of Ministers before making such decisions.
 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’.
8
Legislative Powers
 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 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.
9
Judicial Powers
 The Governor can grant pardons, reprieves, respites or remission of punishments. He
can also 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 to
the High Court of that particular state.
10
Emergency Powers
 In case no political party bags a majority in the Vidhan Sabha of the state, the
Governor holds the power to use his discretion to select the Chief Minister.
 The Governor informs the President in an official report, of a particular
emergency 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.
11
Financial Power
 The Governor constitutes the Finance Commission to oversee financial
positions of Panchayats and Municipalities, and, in the case of any unforeseen
circumstances, holds the power to make
 A prior recommendation of the Governor is necessary before the introduction
of any Money Bills or Demands for Grant
 The Governor ensures that the annual financial statement or State Budget is
laid before the State Legislature
12
Judicial powers
 As per Article 161, the Governor can grant pardons, reprieves, respites
or remission of punishments, or suspensions, remittances or commutes
of sentences of those convicted of an offence to which the executive
power of the State extends.
 The Governor is consulted by the President, as well as the Chief
Justice of India, in the appointment of the Chief Justice to the High
Court, judges of the High and District Courts, their postings and
promotions.
13
Discretionary Power
 The Governor may recommend an imposition of the President’s Rule on
the President’s behalf, and in such circumstances, override the Council
of Ministers and directly handle the workings of the State.
 The Governor may exercise his function as the administrator of
adjoining UnionTerritory.
 The Governor holds the power to select the Chief Minister should no
political party win a majority in the Vidhan Sabha of the state, or in the
Chief Minister’s demise without any obvious successor
14
Thank You
15

Power of governor

  • 1.
    Dr. Ashis Dash Powerof the governor 1
  • 2.
    Governor of theState  The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution.  The role of the Governor is quite similar to that of the President of India. The Governor performs the same duties as of President, but for the State. Governor stands as executive head of a State and the working remains the same as of the office of President of India. Under the Constitution of India, the governing machinery is the same as that of the Central Government. 2
  • 3.
     It isstated that the Governor has a dual role.  He is the constitutional head of the state, bound by the advice of his council of ministers.  He functions as a vital link between the Union Government and the State Government. 3
  • 4.
    Constitutional Provisions relatedto Governor  The appointment and powers of government can be derived from Part VI of the Indian constitution. Article 153 says that There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.  The governor acts in 'Dual Capacity' as the Constitutional head of the state and as the representative.  He is the part of federal system of Indian polity and acts as a bridge between union and state governments.  Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. 4
  • 5.
    5 As per theConstitution of India, the following are the eligibility criteria for the appointment of the Governor in a particular state:  He or she must be a citizen of India.  He or she must have completed 35 years of age.  He or she must not hold 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 is no bar to the selection of a Governor from amongst the members of the Legislature, provided that on appointment, he or she immediately ceases to be a Member of the Legislature. Eligibility Criteria For The Appointment
  • 6.
    Eexecutive Power  Asper Article 154, the Constitution states that the executive power of the State shall be vested in the Governor who can exercise them through directly or indirectly through subordinate officers.  The State Government undertakes all executive action in the name of the Governor.  As per Article 164, the Governor has the power to appoint the Chief Minister of the State, and upon the Chief Minister’s recommendation, the appointment of other ministers. 6
  • 7.
    Eexecutive Power  TheGovernor appoints the Advocate General of the State, State Election Commsioners and the chairman and members of the State Public Service Commission. However, the Governor cannot remove the members of the State Public Service Commission as they can only be removed by an order of the President.  In States with bicameral legislature, the Governor can further nominate to the Legislative Council persons with special knowledge or practical experience in matters of literature, art, science, cooperative movement and social service. 7
  • 8.
    Legislative Powers  Asthe Governor is said to be a part of the State Legislature, he has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature, just like the President has, in respect to the Parliament. Although these are formal powers, in reality, the Governor must be guided by the Chief Minister and his Council of Ministers before making such decisions.  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’. 8
  • 9.
    Legislative Powers  TheGovernor 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 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. 9
  • 10.
    Judicial Powers  TheGovernor can grant pardons, reprieves, respites or remission of punishments. He can also 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 to the High Court of that particular state. 10
  • 11.
    Emergency Powers  Incase no political party bags a majority in the Vidhan Sabha of the state, the Governor holds the power to use his discretion to select the Chief Minister.  The Governor informs the President in an official report, of a particular emergency 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. 11
  • 12.
    Financial Power  TheGovernor constitutes the Finance Commission to oversee financial positions of Panchayats and Municipalities, and, in the case of any unforeseen circumstances, holds the power to make  A prior recommendation of the Governor is necessary before the introduction of any Money Bills or Demands for Grant  The Governor ensures that the annual financial statement or State Budget is laid before the State Legislature 12
  • 13.
    Judicial powers  Asper Article 161, the Governor can grant pardons, reprieves, respites or remission of punishments, or suspensions, remittances or commutes of sentences of those convicted of an offence to which the executive power of the State extends.  The Governor is consulted by the President, as well as the Chief Justice of India, in the appointment of the Chief Justice to the High Court, judges of the High and District Courts, their postings and promotions. 13
  • 14.
    Discretionary Power  TheGovernor may recommend an imposition of the President’s Rule on the President’s behalf, and in such circumstances, override the Council of Ministers and directly handle the workings of the State.  The Governor may exercise his function as the administrator of adjoining UnionTerritory.  The Governor holds the power to select the Chief Minister should no political party win a majority in the Vidhan Sabha of the state, or in the Chief Minister’s demise without any obvious successor 14
  • 15.