POWERS, FUNCTIONS AND ROLE OF THE GOVERNOR

INTRODUCTION

The Governor is the nominal executive head of the State. In the Indian political system, the Governor holds immense importance. The functions and powers of the Governors are similar in nature to that of the President. The Governor is considered as the de jure head of the State Government; therefore, all the actions are taken in the name of the Governor of the State. The President is elected while the Governor is appointed by the President. Article 153 of the Indian Constitution says that there shall be a Governor for each state. It also provides that a person can be appointed as the Governor for more than one state.

The roots of the post of Governor can be traced back to the Government of India Act, 1935. The Governor under this act were “by the Raj, of the Raj and for the Raj.” The provisional committee of the Constitution proposed to have an elected Governor in every State. However, the same was opposed by Jayprakash Narayan due to the apprehension of conflict between the Chief Minister and the Governor. In the year 1949, Brijeshwar Prasad moved an amendment that the Governors be appointed by the President.

The current position with regard to the appointment of governor is envisaged under Article 155 of the Indian Constitution, which says that the Governors shall be appointed by the President by warrant and under his seal. The power of removal of Governor is similar to that of the appointment and he can be removed by the President. The Constitutional position of the Governor can be understood by the virtue of Article 154, Article 163 and Article 164 of the Indian Constitution. Article 154 of the Indian Constitution says that the Governor is the executive head of the State and all the executive functions would be performed by his subordinates or himself in accordance with the Constitution of India. As per Article 163, he would be working on the aid and advice of the Council of Ministers unless he is performing his discretionary power. It is important to note that the 42nd Amendment Act, 1976, made the advice of Council of Ministers binding on the President of India but not on the Governor. In the case of Nebam Rebia V. Deputy Speaker, the Hon’ble Supreme Court of India ruled that the exercise of Governor’s discretion under Article 163 is limited and his actions shall not be arbitrary. Under the Article 164, the Governor appoints Chief Minister and other ministers. Article 157 and Article 158 of the Indian Constitution talks about the eligibility criteria for Governor. The Indian Constitution also mentions the authority of the Governor to decide the validity of his actions taken in his own discretion.

POWERS AND FUNCTIONS OF THE GOVERNOR

Unlike the President, the Governor does not possess diplomatic or military powers; however, the Governor is entitled to some specific powers:

1. Executive powers: It is related to administrative appointments and discharge.

2. Legislative powers: It is affiliated with ordinance making and State Legislature.

3. Financial powers: It is akin to authority over the money bills and state budgets.

4. Judicial powers: It is affiliated with the power to grants respites and pardon.

5. Discretionary powers: It is exercised at the discretion of the Governor in order to protect the Constitution and law.

I. Executive Powers

The Executive power of the State is vested in the Governor and is exercised either directly or indirectly through his subordinate officers in accordance with the Constitution of India. All the Executive actions are taken in the name of the Governor by the State Government. The Chief Minister of the State is appointed by the Governor and on the advice of the Chief Minister, other ministers are appointed by the Governor.  The Governor also appoints the Advocate General of the State, the State Election Commissioner, and the State Public Service Commission. However, the Governor cannot remove the members of the State Public Service Commission, since the power to remove the members of the State Public Service Commission is vested in the hands of the President. The Governor can also nominate members of the Legislative Council of the State, in the states having bicameral legislature.

II. Legislative Powers

The Governor can summon and prorogue the session of the state legislature. He can nominate 1/6th members of the State Legislative Council. The Governor has power to assent, withhold assent, return for reconsideration, or reserve any bill for the President’s consideration. He has the power to promulgate an ordinance during the recess of the State Legislature.

III. Financial Powers

A Finance Commission is constituted by the Governor to look after the functioning of Panchayats and Municipalities. Money bills are required to have the assent of the Governor. The presentation of financial statements or State Budgets in the State Legislature is ensured by the Governor.

IV. Judicial Powers

The Governor has the power to grant pardons, reprieves, respites or remission of punishments, or suspensions, remittances, or commutes of sentences of those convicted of an offense to which the executive power of the State extends. The Governor is consulted during the appointment of the Chief Justice of the High Court of the State, judges of the High Court, and judges of district courts as well.

V. Discretionary Powers

The Governor can appoint Chief Minister of the State if no political party wins a majority in the Legislative Assembly. Moreover, the Governor can present a report to the President for the imposition of the President’s rule in the State. The Administrative Reforms Commission (1968) recommended that the Governor’s report regarding the President’s rule must be objective. Moreover, the Governor needs to exercise his own judgement regarding this.

ROLE OF THE GOVERNOR

The Governor is the nominal head of a state. All executive actions of the State are taken on behalf of the Governor. However, in reality, he gives his consent to the various executive actions. It is devoid of any major decision. The real powers in the executive relations of a state rest with the Chief Minister and the Council of Ministers.

The Seventh Amendment to the Constitution of India, made in 1956, added a proviso to Article 153 saying that the same person can be appointed the Governor of two or more states. In addition to State Governors, Lieutenant Governors are appointed in the Union Territories of Delhi, Andaman Nicobar, and Pondicherry. An administrative head, i.e. an IAS officer, heads all the other Union territories. The only exception is Chandigarh where Governor of Punjab is the Lieutenant Governor of Chandigarh.

A Governor of a state serves a dual role.The first is that of a constitutional head of state bound by the opinion of his Council of Ministers. The second is to serve as a vital link between the government of the Union and the government of the State. In certain emerging situations, he may also act as the special representative of the Union government. A Governor plays a crucial role in the case of a coalition government. In the case of BP Singhal v. UOI, it was held by the Hon’ble Supreme Court of India that the role of the Governor is to function as an active link between the Union and the State.

The powers of the Lieutenant Governor of a Union Territory are equivalent to those of a Governor of a State in India. The President of India appoints both for a term of five-year.  To some extent, the Governor can act at his own discretion when it is expressly mandated under the Indian Constitution. In the case of B.R. Kapur v. State of T.N., it was held that the Governor should act as per the aid and advice of the majority party only when the same is  in accordance with the laws and the Indian Constitution.

CONCLUSION

The Governor is the executive head of the State and his powers are similar to those of the President of India. The Indian Constitution has provided the Governor with several powers. Despite being a nominal head of the State, the Governor still enjoys a wide range of powers in the State. The Governor serves a dual role, which means he serves as the head of the State as well as a representative of the Centre. People are of the opinion that the role of Governor is nugatory but he plays an important role.  He ensures that a steady government is framed in the State and furthermore investigates the legitimacy of the law passed by the State and suggests President Rule in the State if there is a breakdown of the state machinery. Governor abridges the gap between the Central Government and State Government. The situation of the Governor is honourable just as a lifted-up social establishment which is likewise a constitutional necessity.

Featured Image: Sourav Karmakar

India Const. art. 154.

India Const. art. 153.

Shubhendu Anand, Powers Functions and Roles of Governors,  http://www.spmrf.org/wp content/uploads/2017/11/Powers-of-Governor.pdf

Supra note 3.

Rajiv Dhavan, From Goa to Manipur, Modi’s Governors Have Sabotaged Democracy, March 23, 2017, https://thewire.in/politics/modis-governors-goa-manipur

India Const. art. 155.

India Const. art. 156, cl.1.

Nebam Rebia V. Deputy Speaker (2016) 8 SCC 1.

India Const. art. 154.

India Const. art. 164.

India Const. art. 165.

India Const. art. 243, cl.k (1).

India Const. art. 316.

India Const. art. 171, cl.3 (e).

India Const. art. 200.

India Const. art. 213.

India Const. art. 243, cl.I.

India Const. art. 200.

India Const. art. 161.

India Const. art. 217.

India Const. art. 233.

India Const. art. 356.

India Const. art. 153, amended by The Constitution (Seventh Amendment) Act, 1956.

BP Singhal v. UOI, (2010) 6 SCC 331 (India).

India Const. art. 163, cl.2.

B.R. Kapur v. State of T.N., (2001) 7 SCC 231 (India).