POWERS & FUNCTIONS OF GOVERNORS IN INDIA l Executive powers and functions l Legislative powers and functions l Judicial powers and functions l Financial powers and functions l Miscellaneous powers and functions l Discretionary powers

 POWERS & FUNCTIONS OF GOVERNORS IN INDIA

The Governor of the state shall possess executive, legislative, financial and judicial powers. But he does not possess diplomatic, military or emergency powers which President of India has the powers and functions of Governor can be classified under following heads:

a. Executive powers and functions

b. Legislative powers and functions

c. Judicial powers and functions

d. Financial powers and functions

e. Miscellaneous powers and functions

f. Discretionary powers

A. EXECUTIVE POWERS AND FUNCTIONS

As stated above the executive powers refer to those powers which are exercised by the

council of ministers in the name of Governor. Hence Governor is only nominal head and council of

ministers is the real executive. The following posts are appointed by Governor and hold office during

his term: Chief Minister of the state, other ministers of the state on the advice of Chief Minister,

Advocate General. He can recommend the imposition of constitutional emergency in a state to the

President. During the period of President’s rule in a state, the governor enjoys extensive executive

powers as an agent of the President. Article 154 of our constitution Vests the Governor with the

Executive powers of the State. The Governor Exercise these powers directly or through officers

subordinate to him. On the whole Governor has the following Executive powers.

1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the

Advice of the Chief Minister.

2. He Allocates Portfolios among the Ministers and Reshuffles their Portfolios.

3. He removes the ministers on the advice of the Chief Minister.

4. He appoints the Vice-chancellors of the Universities in the State. He acts as the Chancellor of the

Universities.

5. He appoints the Chief Secretary and Advocate general of the State government.

6. He appoints the Chairman and other members of the State commissions such as –

a. State Public service commission

b. State Election commission

c. Official Language commission

d. Commission for women

e. Backward classes’ commission

f. SC & ST commission

B. LEGISLATIVE POWERS AND FUNCTIONS

Article 168 describes that the Governor is an Integral part of the State Legislature. In that

capacity he exercises certain Powers and Performs functions related to the State Legislature.

1. The Governor Inaugurates the First session of the State Legislative assembly after the General

Elections are over.

2. He appoints Pro-tem speaker of the State Legislative assembly.

3. He Summons and Prorogues the sessions of the two houses of the State legislature.

4. The Governor gives his assent to the bills passed by the State Legislature.

5. He may return a bill sent by the State Legislature for its Reconsideration.

6. He may Order for Special Sessions of the State Legislature on some important occasions such as

Visit of Foreign Dignitaries or to Test the majority of the Council of ministers etc.

7. He Nominates members of Anglo - Indian community to the Legislative assembly of the state.

8. The Governor nominates 1/6 of the total members of the State Legislative council. This power of

Governor can be classified further in to 2 sub-groups i.e. writ to bills and writ legislature.

With Respect to Bills: When a bill other than money bill is presented before Governor for his assent,

he either gives assent to the bill, with hold his assent to the bill, return the bill for reconsideration of

houses, but if the bill is passed again by state legislature with or without amendments, he has to give

his assent or reserve the bill for consideration of President. However, the Governor also cannot send

money bill back for reconsideration. This is because the money bill would usually be introduced

with prior assent of Governor only. In case the money bill reserved for Presidents assent, the

President has to state whether he is giving assent or withholding his assent.

With Respect to Legislature: He has the power to summon, prorogue the state legislature and can

also dissolve the legislative assembly when it loses the confidence (art 176).

C. JUDICIAL POWERS AND FUNCTIONS

The Governor also exercises the following Judicial Powers and functions.

1. The Governor renders advices to the President of India in the appointment of Chief justice and

other judges of the High Court of the State.

2. The Governor appoints the Advocate General of the state.

3. He makes Appointments, Postings and Promotions of the District judges in consultation with the

Chief justice of High court of the state.

4. He also appoints Persons to the judicial services of the state (other than the District courts) in

consultation with the Chief justice of High court and State Public service commission.

5. He can grant Pardon, Retrieve, and Remit and Commute the sentence of any person convicted of

any offence against any Law of the concerned State.

President consults the Governor of the concerned state while making appointment to the

judges of State High Court.

Pardoning powers

He has the below pardoning powers against any offences to which state power extends.

Pardon- completely absolve the offender

Reprieve- stays on execution of sentence

Respite-awarding lesser punishment in some special circumstances

Remission- reduction of sentence without changing the character

Commutation-substitution of one form with other

D. FINANCIAL POWERS AND FUNCTIONS

The Governor will have the following Powers and functions of financial nature.

1. The Governor sees that the Annual Financial statement (budget) is laid before the State

Legislature.

2. No money bill can shall be introduced in the State Legislative Assembly without the Prior

Permission of the Governor.

3. No demand for Grant can be made except on his Recommendation.

4. He maintains the Contingency fund of the state. He can make advances out of the Contingency

fund to meet any Unforeseen Expenditure.

5. He Constitutes a Finance commission for every five years to Review the financial position of

Village Panchayats and Municipalities.

6. He sees that Reports of various financial committee are laid before the State Legislature.

a. He lies before the legislature annual financial statement (state budget)

b. Money bill can only be introduced in state legislature on his prior recommendation

c. No demand for grant can be made except on his recommendation

d. Money from contingency fund can be withdrawn after his recommendation for meeting the

unforeseen expenditures

e. He constitutes finance commission for every 5 years to review the financial situation of

municipality and panchayats.

E. MISCELLANEOUS POWERS AND FUNCTIONS

The Governor Receives the Annual reports of the State Public Service commission And

Passes it on to the Council of ministers for Comments. Thereafter, He passes on the Report on these

comments to the Speaker of the assembly for placing it before the Legislature. He receives the report

of the Auditor-general Regarding Income and Expenditure made by different departments working

under the State government.

F. DISCRETIONARY POWERS

Ordinance making power Removal of Governor the President in effect of central government

has the power to remove the governor of any state at any time even without giving any reasons for

his removal. However this power cannot be exercised in arbitrary manner. It is to be exercised in

rare and exceptional circumstances for valid and compelling reasons. The mere reason that Governor

is at variance with the policies and ideologies of the central government or central government has

lost confidence in him cannot be the reason for his removal. Change in central government cannot

be the reason for his removal. The decision to remove a Governor can be challenged in any court of

law. The court in any case required can ask the central government to produce the materials on the

basis of which the decision was made to verify the presence of compelling reasons. Under article

163(1) of the Constitution the Governor has some Discretionary powers. These Powers are exercise

the Governor advices of the State council of ministers. They are,

1. Playing a Decisive role in appointing the New Chief Minister in a situation when No single party

has a Clear majority in the State Legislative assembly.

2. Dismissing a ministry when it refuses to resign even after losing Majority support in the House.

3. Dissolution of the assembly on the advice of the Chief Minister who lost the Majority members

support.

4. Rendering advice to the President for the imposition of the President’s Rule in the State.

5. Seeking information from the Chief Minister with Regard to the Administrative and Legislative

matters of the state.

6. sending back a bill passed by the State Legislature for its Reconsideration, Except Money bill. 7

Reserving a bill for the consideration and approval of the President. 8 seeking instructions from

the President before promulgating ordinance on some important matters.