Appointment, powers, and functions

1. Introduction to the Governor

  1. The Governor is the constitutional head of a state in India, similar to the President's role at the Union level.
  2. Governors act as the link between the Union Government and the State Government.
  3. They perform their duties under the provisions of Part VI of the Indian Constitution (Articles 153–162).

2. Appointment of the Governor

  1. The Governor is appointed by the President of India.
  2. The Constitution does not specify a fixed procedure for the appointment of Governors.
  3. The term of office is five years, but the President can remove a Governor before the term expires.
  4. A person must be an Indian citizen and at least 35 years old to be eligible for the position.
  5. The Governor cannot hold any other office of profit.

3. Powers and Functions of the Governor

3.1. Executive Powers

  1. The Governor appoints the Chief Minister and other members of the Council of Ministers.
  2. They allocate portfolios to ministers on the advice of the Chief Minister.
  3. The Governor appoints key officials such as the Advocate General and the members of the State Public Service Commission.
  4. They exercise administrative powers under Article 154 of the Constitution.

3.2. Legislative Powers

  1. The Governor summons and prorogues the sessions of the State Legislature.
  2. They can dissolve the Legislative Assembly.
  3. The Governor addresses the State Legislature at the commencement of the first session each year.
  4. They give or withhold assent to bills passed by the Legislature.
  5. In some cases, the Governor can reserve bills for the consideration of the President.

3.3. Financial Powers

  1. The Governor ensures that the Annual State Budget is laid before the Legislature.
  2. No demand for a grant can be made without the Governor's recommendation.

3.4. Judicial Powers

  1. The Governor has the power to grant pardons, reprieves, respites, or remissions of punishment for offenses against state laws.
  2. They appoint judges of subordinate courts in consultation with the High Court.

4. Special Responsibilities

  1. The Governor plays a significant role in states with special provisions under Article 371.
  2. They act as the administrator in certain Union Territories if appointed.
  3. The Governor has special powers in cases of scheduled areas and tribal welfare under the Fifth Schedule.

5. Role During President's Rule

  1. When President's Rule is imposed under Article 356, the Governor assumes a more direct role in state administration.
  2. The Governor acts on behalf of the President during this period.

6. Limitations and Criticisms

  1. The Governor often faces criticism for acting as an agent of the Union Government.
  2. There have been instances where Governors have been accused of being biased in their actions.
  3. Removal of Governors before completing their term has sparked debates on their independence.

7. Recent Developments and Reforms

  1. The Sarkaria Commission recommended that Governors should be neutral and not belong to the ruling party.
  2. The Punchhi Commission emphasized the need for Governors to act in accordance with the spirit of federalism.

8. Conclusion

The Governor plays a vital constitutional role in state administration and serves as a bridge between the Union and the State Governments. Ensuring their neutrality and adherence to constitutional principles is essential for maintaining federal integrity.

Category
Governor
The State Government
Indian Polity and Governance
Who has the authority to appoint the Governor?
Can the Governor dissolve the state legislative assembly?
Which of the following is a legislative power of the Governor?
The Governor’s role in promulgating ordinances is valid for a maximum period of how many months?
Who has the authority to transfer a Governor from one state to another?
Which power allows the Governor to pardon or reduce a sentence?
The Governor exercises executive powers on the advice of whom?
Which report is the Governor required to send to the President?
What is the role of the Governor in appointing the Chief Minister of a state?
In the absence of the Chief Minister, who does the Governor consult?
Under Article 161, the Governor has the power to do what?
Who appoints the Advocate General of the state?
Which of the following powers is not vested in the Governor?
The Governor can recommend the imposition of President's Rule under which Article?
What is the discretionary power of the Governor?
Who advises the Governor in the functioning of the state?
The Governor can summon or prorogue the sessions of which body?
Which Article of the Constitution empowers the Governor to promulgate ordinances?
What is the role of the Governor during the imposition of President’s Rule in a state?
The Governor can reserve certain bills passed by the state legislature for the consideration of whom?
In case of a conflict, the Governor sends a bill to which authority for approval?
The Governor acts as the constitutional head of which entity?
Which of the following is not a qualification for being appointed as a Governor?
What is the minimum age required to be appointed as a Governor?
Who administers the oath of office to the Governor?
Under which Article can the Governor be removed by the President?
What is the term of office of a Governor in India?
Which Article of the Constitution deals with the appointment of the Governor?
Who appoints the Governor of a state in India?
What happens if a Governor reserves a bill for the consideration of the President?
Can the Governor act against the advice of the Council of Ministers?
The Governor can nominate how many members to the state legislative council (if applicable)?