The Governor

Appointment of the Governor

• The Governor is appointed by the President and holds office during the President’s pleasure.

Qualifications

A person is eligible for appointment as Governor if he/she:

• • Is a Citizen of India.
  • Has attained 35 years of age.
  • Does not hold any Office of Profit.
  • Is not a Member of Parliament or any State Legislature. (Art. 158)

Note: If a Legislator is appointed as Governor, the membership of the Legislature automatically ceases from the date of appointment.

Tenure of Governor

• Normal tenure: 5 Years.
• Office may end before completion of tenure due to:
  
  • Removal by the President (Art. 156(1)).
  • Resignation addressed to the President (Art. 156(2)).
• No constitutional restriction on being appointed as Governor multiple times.

Why an Appointed Governor?

Avoids Political Rivalry

• Prevents another direct election, thereby reducing political conflict based on personal mandates.

Maintains Constitutional Balance

• A directly elected Governor may claim greater political legitimacy than the Chief Minister, resulting in friction.

Cost Effective

• Eliminates the need for costly election machinery for an office with limited executive powers.

Better Selection

• Reduces the possibility of second-rung party leaders securing the office through elections.

Strengthens Union–State Link

• Enables the Union Government to maintain constitutional coordination with the States.

Prevents Regional Separatism

• Appointment mechanism discourages the rise of separatist tendencies.

Powers of Governor

The Governor does not possess Diplomatic or Military Powers like the President. However, he enjoys Executive, Legislative and Judicial Powers, broadly similar to those of the President.

Executive Powers

   Appointment Powers

The Governor appoints:

• • Council of Ministers
  • Advocate General
  • Chairperson & Members of the State Public Service Commission (SPSC)

   Removal Powers

• • Ministers and the Advocate General hold office during the Governor’s pleasure.
  • Members of SPSC can be removed only by the President, based on the Supreme Court’s report or specified constitutional disqualifications. (Art. 317)

   High Court Judges

• • Governor cannot appoint High Court Judges.
  • However, the President consults the Governor before such appointments. (Art. 217(1))

Nomination Powers

   Legislative Assembly

• • May nominate one member of the Anglo-Indian Community (where applicable).

   Legislative Council

May nominate persons having special knowledge or practical experience in:

• • Literature
  • Science
  • Art
  • Co-operative Movement
  • Social Service (Art. 171(5))

Remember: Co-operative Movement is not included in the corresponding nomination list for the Rajya Sabha.

Legislative Powers

As an integral part of the State Legislature, the Governor can:

• • Address the Legislature.
  • Send Messages to either House.
  • Summon the Legislature.
  • Prorogue the Houses.
  • Dissolve the Legislative Assembly.

Judicial Powers

The Governor may grant:

• • Pardon
  • Reprieve
  • Respite
  • Remission of punishment (Art. 161)

Emergency Powers

• The Governor has no independent Emergency Powers like the President.
• However, the Governor may submit a report recommending President’s Rule when the constitutional machinery of the State fails. (Art. 356)

Chief Minister and the State Council of Ministers

Chief Minister

• The Chief Minister is the Head of the State Council of Ministers.
• The Governor appoints the Chief Minister.

Appointment of Ministers

• Other Ministers are appointed by the Governor on the advice of the Chief Minister.
• A non-legislator may be appointed as Minister but must become a Member of the Legislature within 6 months.

Responsibility

• The Council of Ministers is collectively responsible to the Legislative Assembly.
• Individually, Ministers hold office during the Governor’s pleasure.

Governor–Council Relationship

• The constitutional relationship between the Governor & Council of Ministers is broadly similar to that between the President & Union Council of Ministers.

Discretionary Functions of the Governor

Constitutional Discretion

Assam

• Governor may determine the royalty payable by the State to the Autonomous District Councils from mineral licence revenue.

Union Territory Administration

• Where appointed as Administrator of an adjoining Union Territory, the Governor functions independently of the State Council of Ministers.

Maharashtra & Gujarat

• The President may assign the Governor special responsibility for the development of Vidarbha and Saurashtra.

Nagaland

• Governor has special responsibility regarding Law & Order.

Manipur

• Governor has responsibility to ensure the proper functioning of the Committee of the Legislative Assembly representing the Hill Areas.

Sikkim

• Governor has special responsibility for:
  
  • Peace
  • Social Harmony
  • Economic Advancement of different sections of society.

Situational Discretion

Dismissal of Ministers

• The Governor may dismiss an individual Minister at any time.

Dismissal of Council of Ministers

• The Council of Ministers may be dismissed only if:
  
  • It loses the confidence of the Legislative Assembly, and
  • The Governor decides not to dissolve the Assembly.

The Advocate-General

Position

• Every State has an Advocate-General, the highest Law Officer of the State, corresponding to the Attorney General of India.

Appointment

• Appointed by the Governor.
• Holds office during the pleasure of the Governor.

Qualifications

A person is eligible for appointment if he/she is qualified to be appointed as a Judge of a High Court.

Remuneration

• The salary and allowances of the Advocate-General are determined by the Governor.

Rights & Privileges

• Has the right to speak and participate in the proceedings of the State Legislature.
• Cannot vote in either House of the Legislature. (Art. 177)