Governor

The Governor is the chief executive head of the state and acts as the constitutional link between the Union and the state. Like the President at the Centre, the Governor is a nominal/titular executive — real executive power vests in the Council of Ministers headed by the Chief Minister.

Dual Role of Governor:

• He is the constitutional head of the state.
• He functions as an agent of the Centre — this is a unique aspect that distinguishes him from the President.

Article 153: Provides that there shall be a Governor for each State. The 7th Amendment Act of 1956 enabled the same person to be appointed as Governor of two or more states simultaneously (e.g., one Governor for multiple northeastern states).

Appointment (Article 155): The Governor is appointed by the President by warrant under his hand and seal — NOT by election. This makes the office fundamentally different from elected state heads.

Nature of Appointment: The Supreme Court in Hargovind Pant v. Raghukul Tilak (1979) held that the Governor is not an employee or servant of the Central Government. The office is an independent constitutional office. However, the President (i.e., the Union Cabinet) does exercise real influence over appointment and removal.

Conventions for Appointment:

1. The person should be an outsider — not a resident of the state to which he is appointed.
2. Government consults the Chief Minister of the state (though this convention is frequently violated).
3. Sarkaria Commission (1988) recommended these conventions be made mandatory — not yet implemented.

Qualifications (Article 157): Must be:

• A citizen of India.
• Must have completed 35 years of age.
• (No other qualifications prescribed — no residency requirement, no educational qualification).

Conditions of Office (Article 158):

• Shall NOT be a member of either House of Parliament or any House of State Legislature.
• Shall NOT hold any office of profit.
• Entitled to official residences (Raj Bhavan) without payment of rent.
• Emoluments and allowances CANNOT be diminished during his term of office.
• If same person is appointed governor of two states, emoluments are allocated between the states as determined by the President.

Term (Article 156):

• Holds office during the pleasure of the President — technically can be removed at any time.
• Normally serves for 5 years — but this is NOT a guaranteed term.
• The SC in B.P. Singhal v. Union of India (2010) held: though the President can remove a Governor without cause being shown, removal for malafide or political reasons is unconstitutional. The power cannot be exercised arbitrarily.
• Governor may ALSO resign by writing to the President.

Oath (Article 159): Administered by the Chief Justice of the concerned High Court (or the senior-most judge of the HC available).

Under Article 154, the executive power of the state is vested in the Governor and is exercised by him directly or through subordinate officers.

Key Executive Powers:

1. Appointment Powers:

   • Appoints the Chief Minister (discretion in hung assembly situations).
   • Appoints other ministers on the advice of the CM.
   • Appoints the Advocate General of the state (Article 165) — who holds office during the Governor's pleasure.
   • Appoints the State Election Commissioner (Article 243K) — but can only be removed like a HC judge.
   • Appoints the Chairman and members of the State Public Service Commission — but they can be removed ONLY by the President (not the Governor).
   • Appoints Vice-Chancellors of state universities (in many states).

2. Administrative Powers:

   • All executive actions of the state government are formally taken in his name (Article 166).
   • Makes rules for convenient transaction of business of the State Government.
   • Can seek information from the CM on administrative and legislative matters (Article 167).

3. Special Responsibility (Article 371): In states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh, and Karnataka, the Governor has special responsibilities under Article 371 series, and may exercise certain functions in his individual discretion.

The Governor is an integral part of the State Legislature (Article 168). He is NOT a member but is part of legislature for legislative purposes.

Key Legislative Powers:

1. Summoning, Proroguing, Dissolving: He summons and prorogues the houses; he can dissolve the Vidhan Sabha (not the Vidhan Parishad, which is a permanent house).

2. Address: He addresses the state legislature at the commencement of the first session after each general election and the first session of each year (Article 176).

3. Assent to Bills (Article 200): When a bill passed by the state legislature is presented to the Governor, he has four options: a. Give his assent — bill becomes law. b. Withhold his assent — bill fails. c. Return the bill for reconsideration (except Money Bills) — if legislature passes again, he MUST give assent. d. Reserve the bill for the President's consideration — mandatory if bill endangers the position of the HC; otherwise at the Governor's discretion.

4. Ordinance Making Power (Article 213): The Governor can promulgate ordinances when both houses (or either house in unicameral legislature) are NOT in session. Conditions:

   • Must be on advice of Council of Ministers.
   • Must be on subjects in the State List or Concurrent List.
   • Cannot violate the Constitution.
   • Must be laid before the legislature and ceases to operate after 6 weeks from the reassembly unless approved earlier.
   • Can be withdrawn at any time.
   • Key distinction: Governor CANNOT issue an ordinance on any matter that requires President's assent for legislation — he must then reserve it for the President.

5. Nomination Power: Can nominate 1 member from the Anglo-Indian community to the Vidhan Sabha (abolished by the 104th Amendment, 2020). Can nominate 1/6th of Vidhan Parishad members from literature, science, art, etc.

6. Special Message (Article 175): Governor can send messages to the House(s) with respect to bills pending or otherwise. The House must "consider" the matter.

Financial Powers:

• No Money Bill can be introduced in the Vidhan Sabha without the prior recommendation of the Governor.
• The Annual Financial Statement (state budget) is laid before the legislature in his name.
• He constitutes the State Finance Commission every 5 years (Article 243I) to review finances of panchayats and municipalities.
• No demand for a grant can be made except on his recommendation.

Judicial Powers (Article 161): The Governor has the power to grant pardons, reprieves, respites, remissions and to suspend, remit or commute sentences of persons convicted under state laws.

Critical Differences from Presidential Pardoning Power:

Discretionary Powers (Most Exam-Important):

Constitutional Discretion — expressly stated in the Constitution:

1. Reservation of a bill for the President's consideration (Article 200).
2. Recommendation for President's Rule (Article 356).
3. Seeking information from CM under Article 167.
4. Appointment of CM when no clear majority — Governor invites the party/coalition most likely to form a stable government.

Situational Discretion — arising from situations:

1. When no party has a clear majority after elections.
2. When CM dies in office and there is no obvious successor.
3. When to dismiss a ministry that has lost majority.
4. When to dissolve the Vidhan Sabha.

Sarkaria Commission (1988) Recommendations on Governor:

• Governor should be a distinguished person not too closely connected with local politics.
• Should be given a fixed 5-year term that is strictly adhered to.
• Removal should only be after consultation with CM.
• Should not be a political appointee.

Punchhi Commission (2010) reiterated many of these and added that the Governor should exercise his powers with "objectivity and impartiality".