The Governor

Introduction

The Constitution designates the Governor as the constitutional head of a State and an important link between the Union and the State governments. It vests the State’s executive power in the Governor, who exercises it on the aid and advice of the Council of Ministers headed by the Chief Minister.

The 7th Constitutional Amendment Act, 1956 amended Article 153 to allow the appointment of the same person as the Governor of two or more States.

Constitutional Provisions

• Articles 153–162 deal with the State executive and the office, appointment, qualifications and powers .
• Article 163 provides for a Council of Ministers to aid and advise the Governor.
• Article 164 deals with the appointment of the Chief Minister and other ministers.
• Article 174 empowers the Governor to summon, prorogue, and dissolve the State Legislative Assembly.
• Article 200 deals with the assent to State Bills.
• Article 213 provides the ordinance-making power.
• Article 356 allows to report the failure of constitutional machinery in the State.

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Appointment

Under Article 155, the President of India appoints the Governor by a warrant under his hand and seal.

He is neither directly elected by the people nor indirectly elected by the State Legislature. This method of appointment seeks to preserve the Governor’s position as a neutral constitutional authority.

Conventions Regarding Appointment

• He should preferably be an eminent person from outside the concerned State.
• He should not have actively participated in politics in the recent past.
• The Centre may informally consult the Chief Minister of the concerned State before appointing the Governor.
• The Centre should not ordinarily appoint a person from the ruling party as the Governor of a State governed by an opposition party.

These are political conventions and are not legally enforceable.

Qualifications

Article 157 prescribes only two constitutional qualifications:

o   The person must be a citizen of India.

o   The person must have completed 35 years of age.

Article 158 further provides that the he must not be a member of Parliament or a State Legislature and must not hold any office of profit.

When a legislator assumes office as the Governor, they automatically vacate their seat in the legislature.

Parliament enacted the Governors (Emoluments, Allowances and Privileges) Act, 1982 to regulate the Governor’s salary, allowances, privileges, and facilities.

If one person serves as the Governor of two or more States, the President determines how those States share the Governor’s salary, allowances, and other emoluments.

The Government last revised the Governor’s salary in 2018, increasing it from ₹1,10,000 to ₹3,50,000 per month.

Oath or Affirmation

Under Article 159, the Governor takes an oath to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote themselves to the service and well-being of the people.

The Chief Justice of the concerned High Court administers the oath to the Governor. In the Chief Justice’s absence, the senior-most available judge of the High Court administers the oath.

Term of Office

Article 156 provides that he normally holds office for a term of five years from the date of assuming office.

However, holds office at the President’s pleasure and may be removed before completing the five-year term.

Governor may resign by submitting a written resignation to the President.

He continues in office even after the completion of the term until a successor assumes charge.

The Constitution does not specify any grounds or procedure for removing a Governor, and no impeachment process is prescribed.

Powers

He is the constitutional head of the State and exercises executive, legislative, financial, judicial and discretionary powers. However, most powers are exercised on the aid and advice of the State Council of Ministers under Article 163.

Executive Powers

Under Article 154, the Constitution vests the State’s executive power in the Governor. Under Article 166, the State Government takes all executive actions in the Governor’s name.

• The Governor appoints the Chief Minister and other ministers under Article 164 and appoints the Advocate General under Article 165.
• The Governor appoints the State Public Service Commission members, State Election Commissioner and State Finance Commission under Articles 316, 243K and 243I.
• The Governor may seek information from the Chief Minister regarding State administration under Article 167.

Legislative Powers

The Governor is an integral part of the State Legislature under Article 168. The Governor performs important functions relating to legislative sessions, Bills and the composition of the Legislative Council.

• Under Article 174, the Governor summons and prorogues the State Legislature and may dissolve the Legislative Assembly.
• Under Article 200, the Governor may assent to a Bill, return a non-Money Bill or reserve it for the President’s consideration.
• Under Article 171, the Governor nominates one-sixth of the members of the State Legislative Council from specified fields.

Financial Powers

The Governor exercises significant constitutional powers over the State’s financial administration. No major financial proposal can be introduced in the State Legislature without the Governor’s recommendation.

• Under Article 202, the Governor presents the State Budget (Annual Financial Statement) to the State Legislature.
• Under Articles 203 and 207, demands for grants, Money Bills and certain Financial Bills require the Governor’s recommendation.
• Under Article 267(2), the Governor may authorise advances from the State Contingency Fund for unforeseen expenditure.

Judicial Powers

The Governor exercises limited judicial powers relating to clemency and the appointment of subordinate judges. These powers are exercised within the limits of the Constitution and relevant criminal procedure laws.

• Under Article 161, the Governor may grant pardon, reprieve, respite, remission, suspension or commutation for offences within the State’s executive power.
• Under Article 233, the Governor appoints District Judges in consultation with the concerned High Court.
• Under Article 234, the Governor appoints other members of the State judicial service after consulting the State Public Service Commission and the High Court.

Discretionary Powers

Under Article 163, the Governor may act without ministerial advice in matters where the Constitution expressly permits discretion. Such powers commonly arise during political uncertainty or in matters involving Centre–State relations.

• The Governor may appoint a Chief Minister when no party has a clear majority and may require the government to prove its majority through a floor test.
• Under Article 200, the Governor may reserve a State Bill for the President’s consideration.
• Under Article 356, the Governor may report the failure of constitutional machinery in the State to the President.

Ordinance-Making Power

Under Article 213, the Governor may promulgate an ordinance when the State Legislature is not in session and immediate legislative action is necessary. An ordinance has the same force as a State law but is temporary.

• The State Legislature must approve the ordinance within six weeks of its reassembly.
  
• The Governor can issue an ordinance only on subjects on which the State Legislature has the power to make laws under the Seventh Schedule.
  
• The Governor must obtain the President’s prior instructions if a similar Bill requires the President’s sanction or assent.
  

Pardoning Power

Under Article 161, the Governor may grant clemency for offences relating to matters within the State’s executive jurisdiction. This power is exercised on the aid and advice of the State Council of Ministers.

• The Governor may grant pardon, reprieve, respite, remission, suspension or commutation of a sentence.
• The Governor may suspend, remit or commute a death sentence but cannot grant a complete pardon in a death-sentence case.
• The Governor cannot grant clemency in court-martial cases, as this power belongs exclusively to the President under Article 72.

Difference Between President and Governor’s Pardoning Powers

Issues Related to the Office of Governor

• The appointment and removal of Governors by the Union Government may affect the perceived neutrality of the office.
• Governors have sometimes been accused of acting in a partisan manner while appointing Chief Ministers in hung Assemblies.
• Delays in granting assent to State Bills may obstruct the legislative functioning of elected State governments.
• The discretionary recommendation of President’s Rule has historically generated Centre–State disputes.
• The absence of constitutionally prescribed grounds for removing a Governor may weaken the security and independence of the office.
• Frequent transfers and politically motivated appointments may undermine cooperative federalism.

Committee/Commission Recommendations on the Governor

·       Administrative Reforms Commission (ARC), 1966: The Administrative Reforms Commission recommended that the Governor should function as a neutral constitutional head and not as an agent of the Union Government. It also suggested that the President should issue clear guidelines for the exercise of discretionary powers to ensure uniformity and constitutional propriety.

Rajamannar Committee (1969): The Rajamannar Committee recommended that the Centre appoint the Governor in consultation with the State Government or an independent constitutional body to reduce Central interference. It also recommended a secure tenure for the Governor and limiting discretionary powers to the minimum required under the Constitution.

·       Sarkaria Commission, 1983: The Sarkaria Commission recommended that the Governor should be an eminent person from outside the State, should not have participated in active politics recently, and should be appointed after informal consultation with the Chief Minister. It further recommended that the Governor should ordinarily complete the five-year term and act as an impartial constitutional authority.

o   The Commission also laid down guidelines for the exercise of discretionary powers. It recommended that in a hung Assembly the Governor should invite parties to form the government in a prescribed order, insist on a floor test to determine majority, and recommend President’s Rule (Article 356) only as a measure of last resort.

·       National Commission to Review the Working of the Constitution (NCRWC), 2000: The National Commission to Review the Working of the Constitution endorsed most recommendations of the Sarkaria Commission. It recommended that the Governor should be appointed after effective consultation with the Chief Minister, should ordinarily enjoy a full five-year tenure, and should not be removed or transferred arbitrarily.

Punchhi Commission (2007): The Punchhi Commission recommended that remain a politically neutral constitutional authority and avoid non-constitutional roles, such as serving as the Chancellor of State Universities. It also recommended a secure tenure and advised the Centre to avoid arbitrary removal under the doctrine of pleasure.

The Commission also recommended that the Governor decide on State Bills within a reasonable time, the President dispose of reserved Bills within six months, and the Legislative Assembly determine a government’s majority only through a floor test.


Way Forward

• The recommendations of the Sarkaria and Punchhi Commissions regarding the appointment and functioning of Governors should be followed.
• The Chief Minister of the concerned State should be meaningfully consulted before appointing the Governor.
• Governors should be eminent, politically neutral persons who are not active members of the ruling party.
• Majority disputes must be resolved through an immediate floor test rather than the Governor’s subjective assessment.
• The Governor should exercise constitutional powers relating to Bills, government formation, and President’s Rule transparently and within a reasonable time.

Conclusion

The Governor occupies a sensitive position in India’s federal parliamentary system. The effectiveness of the office depends not merely on constitutional provisions but also on neutrality, restraint, democratic conventions and respect for the mandate of the elected State government.

FAQs

Q1. Which Article of the Constitution provides for the office of the Governor?
Ans. Article 153 provides for the office of the Governor in every State.

Q2. Who appoints the Governor of a State?
Ans. The Governor is appointed by the President of India under Article 155.

Q3. What is the constitutional term of office of the Governor?
Ans. The Governor holds office for five years under Article 156, subject to the pleasure of the President.

Q4. Under which Article can the Governor promulgate an Ordinance?
Ans. The Governor can promulgate an Ordinance under Article 213 when the State Legislature is not in session.

Q5. Under which Article does the Governor exercise the power to grant pardon and other forms of clemency?
Ans. The Governor exercises the pardoning power under Article 161 of the Constitution.