Author: MANISH S K, a student of PATEL LAW COLLEGE
INTRODUCTION
Governor is practically the Executive head for the state. The role of Governor is similar to powers and functions to that of a president which is exercised only to state level. Hence Governor being a nominal head also works as an agent for the central government (Dual role).
The politics of the Indian government is clearly defined in the constitution of India. Our constitution was framed in a detailed form which provides all the relevance to whatever needed. One such thing is about the governor provided in Articles 152 to 167 of Part VI of the constitution.
THE STATES
Chapter I: Article 152 of the Indian constitution in general provides definition of term “state” in context to the governor for respective State legislatures.
Chapter II provides detailed description for “The Governor”.
Article 153 provides there shall be a Governor for each state, [1] [6]
THE EXECUTIVE POWER OF STATE
Article 154 (1) provides that executive power of the state is vested to the governor and he shall exercise the power either directly or through subordinate officers in accordance with the constitution.
Clause (2) provides that the authorities continue to exercise their powers until of unless the governor makes any change and the parliament or state Legislature can continue to create or modify laws under the supervision of the Governor
APPOINTMENT
Article 155 provides the Governor cannot be elected directly or indirectly by the people by constituting elections or by specially constituted electoral college as a president. He is appointed by the president by issuing a warrant under his hand and a seal.[2]
TERM OF OFFICE
Article 156 clause (1) provides the Governor appointed by the president shall continue to be the governor at the pleasure of the president, if president wants to remove, he/she can be removed by the president’s will.[3]
Clause (2) provides if the Governor wants to resign the post of the governor can do it by free will by writing under his hand addressed resignation to the president and can resign the office.[4][5]
Clause (3) provides shall hold the office for a term of five years and after five years he can continue to be the governor until his successor is appointed and also that he can be expelled any time even before the term ends, it is completely dependent on the president.[7]
QUALIFICATIONS FOR APPOINTMENT
Article 157 provides only two qualifications for the appointment of a person as a governor,
- He should be a citizen of India, &
- He should have completed the age of 35 years.
CONDITIONS OF GOVERNOR’S OFFICE
Article 158 (1) provides he should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor.
Clause 2: He should not hold any other office of profit.
Clause 3: He is entitled without payment of rent to the use of his official residence (the Raj Bhavan). He is entitled to such emoluments, allowances and privileges as may be determined by Parliament as specified in the second schedule.
Clause 3-A: When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him are shared by the states in such proportion as determined by the president.
Clause 4: His emoluments and allowances cannot be diminished during his term of office.
OATH OR AFFIRMATION BY THE GOVERNOR
Article 159 provides that every governor or any person discharging the functions of a governor before entering upon his office should take an oath in presence of chief justice of the high court of that state or in his absence the senior most judge available of that court.
The path or affirmation as follows,
“I, (name), do swear in the name of God that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of… (name of the State) and would to the best of my ability to preserve, protect and to defend the Constitution, the law and that I will devote myself to the service and wellbeing of the people of… (name of the State).”
POWERS AND FUNCTIONS OF THE GOVERNOR
The governor possesses powers similar to that of the president,
- Executive powers,
- Legislative powers,
- Financial powers, &
- Judicial powers.
As compared to the resident the governor has no power over,
- Diplomatic,
- Military, or
- Emergency [8]
Article 160 provides that the president can may any such provision as he thinks fir for the discharge of the functions of the Governor in any contingency, which is completed rested in the shoulders of the president.
Article 161 of the Indian constitution provides authority to the Governor of a State to show mercy towards individuals convicted of crimes. This can include granting pardons (forgiving the crime completely), reprieves (delaying the punishment), respites (temporarily postponing the punishment), or remissions (reducing the severity of the punishment).
The Governor can also suspend (temporarily halt), remit (reduce), or commute (change to a less severe punishment) a sentence. This power applies to offenses related to matters that fall under the State’s executive power.
EXTENT OF EXECUTIVE POWER
Article 162 proves that execution power is only extended to the matters with respect to which the legislature of the state has power to make laws.
Also provided that any matter with respect to the state’s legislature, the parliament also has power to make laws and state is limited by the executive powers made by the parliament which shows that parliament is the upper hand.
COUNCIL OF MINISTERS
Article 163 clause (1) provides that there will be council of ministers who are led by the chief minister of that state to aid(assist) and advice the governor in performing his duties and functions, and this will not be applied to the functions that the governor is to carry on his own discretion to the constitution
Clause 2 provides If any question arises whether any matter that the Governor is required to handle at his own discretion under the Constitution, the decision of the Governor on the issue will be final and also the validity of anything done by the Governor at his discretion cannot be questioned or challenged on the grounds that he should or should not to have acted in his discretion.
Clause 3 provides if any advice to any matter was given by the council of ministers to the governor it shall not be questioned, investigated or examined by the court.
Article 164 clause (1) provides that the governor can on the advice of the chief minister appoint the chief minister and other ministers to hold office during the pleasure of the governor.
The total number of ministers including the chief minister of the state shall not be less than twelve and shall not exceed fifteen percent and if that exceeds fifteen percent then they must be adjusted to conformity with the provisions of the clause within six months from the such date as specified by the president through a public notification.
Clause (2) provides that the council of ministers appointed are collectively held responsible to the Legislative Assembly of that state.
Clause (3) provides that just like oath taking of the governor, the council of ministers before entering the office should administer oath of office and of secrecy as listed in accordance to the third schedule.
Clause (4) provides any minister who is not a member of legislature of the state for a consecutive(continuous) period of six months at the expiration(end) of the period would be ceased to be a minister.
Clause (5) provides that the state’s Legislature from time to time by law determine the salaries and allowances of the Ministers and until determination shall be as specified in the second schedule.
THE ADVOCATE -GENERAL FOR THE STATE
Article 165 clause (1) provides that the governor of the state has the power to appoint a person who is qualified to be a judge of a high court to be Advocate-General for the state.
Clause (2) provides that the governor of the state has power to refer or assign legal duties from time to time and it the duty of Advocate-General to give advice, assist with the legal matters and to discharge the functions to the Government of the state as conferred on him by or under the constitution or any law as for the time law being in force.
Clause (3) provides that the Advocate-General can hold the office during the pleasure of the governor and the remuneration shall be received as determined by the Governor.
CONDUCT OF GOVERNMENT BUSINESS
As proposed Article 166,
- All the executive actions of the State Government must be taken in the name of the governor.
- The orders and other instruments done in the name of the Governor shall be authenticated according to the rules set by the Governor.
- The validity of such order and instrument which is authenticated shall not be questioned or challenged on the grounds that they were not made or executed by the governor
- The governor is responsible for creating rules to make convenient transaction for the business of the state government.
- The Governor is also responsible for allocation of responsibilities among the ministers. (except for the matters that the governor must handle in his own discretion in accordance to the constitution)
DUTIES OF CHIEF MINISTER AS RESPECTS THE FURNISHING OF INFORMATION TO GOVERNOR.
In accordance to Article 167: It is the duty of the Chief Minister of the state,
- To communicate to the Governor of the state all the decisions of the council of ministers in matters related to the Administration of the affairs and the proposals for the Legislature.
- To furnish all such information related to the Administration of affairs or proposals for Legislature as called by the Governor.
- If the Governor requires the council of ministers to submit for the consideration on the decisions by the ministers which was not been considered by the council.
REFERENCE
[1] The 7th constitutional Amendment Act facilitated that one governor can also be appointed for two or more states.
[2] As held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government. It is an independent constitutional office and is not under the control of or subordinate to the Central government
[3] The governor can be terminated by the advice of council of ministers to the president which has to be headed by the prime minister and dismissal of governor without a reason is termed void.
[4] There are no grounds mentioned in the constitution upon which a governor may be removed by the President. Hence, the National Front Government headed by V.P. Singh (1989) asked all the governors to resign as they were appointed by the Congress government. Some of the governors were replaced and some were allowed to continue.
[5] The same thing was repeated in 1991, when the Congress Government headed by P.V. Narasimha Rao changed fourteen governors appointed by the V.P. Singh and Chandra Sekhar governments.
[6] The President may transfer a Governor appointed to one state to another state for the rest of the term.
[7] A Governor whose term has expired may be reappointed in the same state or any other state.
[8] If emergency provisions are needed the Governor can write to the president and it rests on the president to make decisions.
CONCLUSION
The role of the governor to each state is a very crucial. While governor being an executive head serves as a connecting link between the state Legislature and the central government playing a dual role.
The provisions mentioned in the Articles 152 to 167 clearly outline of the powers, functions, qualification, term of the office, etc., of the Governor showcase clarity their role.
The Governor’s Executive powers make him responsible on a wide range of matters, i.e., From the appointment of Chief minister and council of ministers to governing them, assisting, assigning duties.
Also the Legislative powers allowed the Governor to grant pardons, remission, suspend, commutation of sentences of the criminals.
The financial power provides a strong hold to the governor in establishing business of that state and maintenance of the state’s budget.
Judicial powers allows the governor in appointment of Advocate-General to provide legal advice , and perform duties.
FAQ’s
- What is the role of the Governor in an Indian state?
The Governor is the executive head of a state, similar to the President at the national level. The Governor has a dual role, acting as a nominal head of the state and an agent of the central government. Their powers and functions include executive, legislative, financial, and judicial responsibilities, as outlined in the Indian Constitution.
- How is the Governor appointed?According to Article 155 of the Indian Constitution, the Governor is appointed by the President of India by issuing a warrant under his hand and seal. The Governor is not elected either directly or indirectly by the people.
- What is the term of office for a Governor?
As per Article 156, a Governor holds office for a term of five years but continues to serve at the pleasure of the President. The President can remove the Governor at any time, and the Governor can also resign by writing to the President.
- What are the qualifications required to be appointed as a Governor?
Article 157 of the Indian Constitution states two qualifications: the person must be a citizen of India and must have completed the age of 35 years.
- Can the Governor hold any other office of profit?
No, according to Article 158, the Governor cannot hold any other office of profit and must not be a member of either House of Parliament or a House of the state legislature.
- What are the executive powers of the Governor?
The executive powers of the Governor, as per Article 154, include exercising the executive power of the state either directly or through subordinate officers. The Governor also appoints the Chief Minister and other ministers, and oversees the state administration.
- Does the Governor have any judicial powers?Yes, under Article 161, the Governor has the authority to grant pardons, reprieves, respites, remissions of punishment, and commute sentences for offenses against laws that fall under the state’s executive power.
- How does the Governor interact with the state’s Council of Ministers?
According to Article 163, the Governor acts on the advice of the Council of Ministers headed by the Chief Minister. However, there are specific situations where the Governor must act at his or her discretion.
- Can the same person be appointed as the Governor for more than one state?
Yes, Article 153, as facilitated by the 7th Constitutional Amendment Act, allows one Governor to be appointed for two or more states.
- What are the conditions of the Governor’s office regarding remuneration and official residence?
As per Article 158, the Governor is entitled to use the official residence without payment of rent and receive emoluments, allowances, and privileges as determined by Parliament. These cannot be diminished during the Governor’s term of office.
