Governor: Powers, Functions, and Constitutional Position

1. Introduction

The Indian Constitution follows a parliamentary system of government at both the Central and State levels. Part VI of the Constitution deals with the State Government, encompassing the Governor, Chief Minister, Council of Ministers, and Advocate General of the State. Articles 153 to 167 outline the structure and responsibilities of the State Executive.

Unlike the central structure, there is no office equivalent to the Vice-President in the State hierarchy. Consequently, the Governor is the nominal head of the State, mirroring the role of the President at the national level, albeit with certain unique features.

2. Appointment of Governor

Under Article 155, the Governor of a State is appointed by the President. Originally, there was a proposal for direct election by universal adult suffrage, but the Constituent Assembly opted for appointment based on the following considerations:

• Aligns with the parliamentary system operating in the States.
• Avoids potential conflicts between the Governor and Chief Minister.
• Costly elections for a largely ceremonial position were deemed unnecessary.
• Helps maintain the Governor’s political neutrality and prevents separatist tendencies.

3. Term of Governor's Office

As per Article 156, the Governor holds office at the pleasure of the President for a term of five years. However, they can be removed by the President at any time without specifying reasons, and they may also continue in office beyond five years until a successor assumes the role. The Governor can voluntarily resign by submitting a resignation to the President.

4. Qualification for Appointment as a Governor

Article 157 stipulates two essential qualifications for the office of Governor:

• The individual must be a citizen of India.
• The individual must be at least 35 years of age.

5. Condition of Office of Governor

Article 158 outlines certain conditions for the Governor's office:

• The Governor cannot be a member of Parliament or a State Legislature. If appointed, they are deemed to have vacated their seat on assuming office.
• The Governor cannot hold any other office of profit.
• The Governor is entitled to an official residence (Raj Bhavan) without paying rent, and their salary and allowances are determined by Parliament.
• If the same person is Governor of multiple States, the expenses are shared among the States as decided by the President.
• The Governor's emoluments cannot be diminished during their term of office.

6. Oath or Affirmation by the Governor

Article 159 requires the Governor (or any individual acting as Governor) to take an oath before the Chief Justice of the High Court (or the senior-most judge available). The oath affirms commitment to preserve, protect, and defend the Constitution and to serve the people of the State.

7. Privileges and Immunities

Much like the President, the Governor enjoys personal immunity from legal liability for official actions. They are also protected from criminal proceedings during their term, although civil proceedings related to personal actions require a two-month notice.

8. Powers and Functions of Governor

Executive Powers

• All executive actions of the State are taken in the Governor’s name.
• They appoint the Chief Minister and other Ministers on the CM’s advice. Ministers hold office during the Governor’s pleasure.
• They can make rules for the more convenient transaction of State Government business and allocate responsibilities among Ministers.
• They can recommend President’s Rule in the State (Article 356) if the State Government cannot function as per constitutional provisions.
• They act as the Chancellor of State universities, typically appointing Vice-Chancellors.

Legislative Powers

• They summon, prorogue, and dissolve the State Legislature.
• They address the Legislature at the commencement of its first session each year and can send messages regarding pending bills.
• They can nominate members with special knowledge or expertise to the Legislative Council. They could also nominate one member from the Anglo-Indian community to the Legislative Assembly (now abolished by the 104th Amendment Act, 2019).
• They can reserve certain bills for Presidential consideration, especially if it endangers the position of the High Court or has potential constitutional conflicts.

Ordinance Power

Under Article 213, the Governor can promulgate ordinances when the State Legislature is not in session. However, these ordinances must be approved by the Legislature within six weeks of reassembly or they cease to operate.

Financial Powers

• The Annual Financial Statement (Budget) is introduced in the State Legislature on the Governor’s recommendation.
• Money Bills require the Governor’s prior recommendation.
• The Governor can authorize advances from the State’s Contingency Fund to meet unforeseen expenses.

Judicial Powers

• Under Article 161, the Governor can grant pardons, reprieves, respites, or remissions of punishment for offenses against State laws.
• They cannot pardon a death sentence; that power is vested in the President. However, they may suspend, remit, or commute a death sentence.
• They oversee, along with the High Court, the appointment, posting, and promotion of District Judges and appoint others to the State judicial services as recommended by the State Public Service Commission.

Discretionary Powers

The Governor possesses two types of discretionary powers: constitutional discretion (explicitly granted by the Constitution, e.g., reserving a bill for the President) and situational discretion (exercised under specific circumstances, such as when no party has a clear majority to form a government).

9. Constitutional Position of Governor

The Governor is the constitutional head of the State, acting on the advice of the Council of Ministers, except in situations where they must exercise discretion. Comparisons have been drawn between the Governor’s role as a “link” versus an “agent” of the Centre; ideally, the Governor should serve as a neutral bridge between the State and Union rather than merely executing directives from the Central Government.

If the Governor reports that the State cannot be governed per constitutional norms, the President may impose President’s Rule (Article 356). The Governor, thus, has a pivotal role in recommending this step but is expected to use this power judiciously.

10. Comparison Between the Governor and the President

Aspect	President	Governor
Ordinary Bills	1. Assent 2. Withhold Assent 3. Return for reconsideration (except Money Bill)	1. Assent 2. Withhold Assent 3. Return for reconsideration (if not a Money Bill) 4. Reserve the bill for President’s consideration
Money Bills	Can’t return for reconsideration, only assent or withhold	Can assent, withhold, or reserve for President
Discretion	Primarily bound by ministerial advice; no constitutional discretion	Has certain constitutional and situational discretion (e.g., recommending President’s Rule, reserving bills for President)
Pardon Powers	Can pardon, suspend, remit, or commute punishments for central law offenses and can pardon death sentences	Can pardon, suspend, remit, or commute punishments for State law offenses Cannot pardon death sentences

11. Prelims Based Question (PYQ)

12. Mains Based Question (PYQ)

Conclusion

The Governor’s role in India is multifaceted, acting as the constitutional head of the State, a figure who ensures the Constitution is upheld, and a link between the State and the Union. Understanding the nuances of the Governor’s powers—executive, legislative, financial, and judicial—is critical for competitive examinations and a functional democracy.

Ultimately, the Governor must exercise these powers and discretions in good faith, safeguarding the spirit of federalism and the democratic ethos enshrined in the Constitution.

Source: Indian Constitution (Articles 153 to 167), relevant amendments, and standard reference texts.
Provided by: Aspirants