Governor of Assam

The Governor of Assam is the constitutional head of the state and represents the President of India in Assam. The office functions under the provisions of the Constitution of India.

Although the real executive authority lies with the Council of Ministers headed by the Chief Minister, the Governor performs important constitutional, administrative, and supervisory functions.

In Assam, the Governor has additional special responsibilities because the state contains tribal areas governed under the Sixth Schedule.

Appointment, Powers and Functions

Appointment of the Governor

The Governor is appointed according to Articles 153–162 of the Constitution.

Appointing Authority

• • The Governor is appointed by the President of India (Article 155).

Tenure

• • Normal term: 5 years.

  • However, the Governor holds office during the pleasure of the President, meaning the President can remove the Governor before completion of the term.

Qualifications

A person must:

• • Be a citizen of India.

  • Be at least 35 years old.

Restrictions

The Governor:

• • Cannot be a member of Parliament or a State Legislature.

  • Cannot hold any office of profit.

Powers of the Governor

The powers of the Governor can be classified into the following categories:

1. 1. Executive Powers

   2. Legislative Powers

   3. Financial Powers

   4. Judicial Powers

   5. Emergency and Other Powers

1. Executive Powers

The Governor is the nominal head of the state executive (Article 154).

Major Executive Functions :

Appointment Powers

The Governor appoints:

• • • Chief Minister of Assam

    • Council of Ministers (on the advice of the Chief Minister)

    • Advocate General of Assam

    • State Election Commissioner

    • Chairman and members of the Assam Public Service Commission

    • District Judges (in consultation with the High Court)

Administrative Powers

• • Makes rules for allocation of government business among ministers.

  • Can seek information from the Chief Minister regarding administration and legislation (Article 167).

  • Can ask the Council of Ministers to reconsider decisions.

  • Acts as Chancellor of state universities in Assam.

Judicial Administration

Assam comes under the jurisdiction of the Gauhati High Court.

2. Legislative Powers

The Governor is an integral part of the State Legislature.

Major Legislative Powers

Sessions of the Legislature
The Governor can:

• • Summon the Assam Legislative Assembly

  • Prorogue sessions

  • Dissolve the Assembly

Address to the Legislature

• • Addresses the Assembly at the beginning of the first session each year.

  • Also addresses the first session after general elections.

Assent to Bills

After a bill is passed by the Assembly, the Governor may:

• • Give assent

  • Withhold assent

  • Return the bill for reconsideration

  • Reserve the bill for the President’s consideration

Ordinance Making Power

• • When the Assembly is not in session, the Governor can promulgate ordinances under Article 213.

  • These ordinances have the same force as laws, but must later be approved by the legislature.

Nomination Power

• • Can nominate one member from the Anglo-Indian community if it is not adequately represented (this provision is rarely used today).

3. Financial Powers

The Governor plays a crucial role in state financial administration.

Key Financial Functions

• • The Annual Financial Statement (State Budget) is presented in the Assembly in the name of the Governor.

  • Money Bills can be introduced only with the Governor’s recommendation.

  • Can authorize advances from the Contingency Fund of the State.

  • Gives approval for demands for grants.

4. Judicial Powers

The Governor has certain limited judicial powers.

Important Judicial Functions

Under Article 161, the Governor can:

• • Grant pardon

  • Grant reprieve

  • Grant respite

  • Grant remission of punishment

  • Commute sentences

These powers apply to offences under state laws.

The Governor is also consulted in the appointment of High Court judges, though the main authority lies with the Union Government.

5. Emergency Powers

The Governor can report to the President if the constitutional machinery in the state fails.

This recommendation may lead to President’s Rule under Article 356.

Discretionary Powers in Assam Context

Normally, the Governor acts on the advice of the Council of Ministers.

However, under Article 163(2), the Governor may exercise discretionary powers in certain situations.

Meaning of Discretionary Powers

Discretionary powers are powers exercised independently without the advice of the Council of Ministers.

These powers are important during:

• • Political instability

  • Constitutional crises

  • Issues involving tribal autonomy

General Discretionary Powers

These powers apply to all states in India.

1. Appointment of Chief Minister

The Governor uses discretion when:

• • No party has a clear majority.

  • There is a hung assembly.

The Governor decides which leader should be invited to form the government.

2. Dismissal of Ministry

If a ministry loses majority support, the Governor may dismiss it.

3. Dissolution of Assembly

The Governor may:

• • Accept or reject the Chief Minister’s advice to dissolve the Assembly in certain circumstances.

4. Reservation of Bills

The Governor may reserve bills for President’s assent, especially when:

• • Constitutional issues are involved.

  • The bill affects national interest or central laws.

5. Recommendation of President’s Rule

The Governor can recommend President’s Rule if the state government cannot function according to the Constitution.

Special Discretionary Powers in Assam (Sixth Schedule)

Assam has special constitutional arrangements for tribal areas under the Sixth Schedule of the Constitution.

These provisions give additional powers to the Governor. Important provisions include:

Paragraph 1(3)

The Governor can:

• • Create autonomous districts or regions

  • Alter boundaries

  • Merge or rename districts

Usually done after a commission inquiry.

Paragraph 2(6)

The Governor makes rules for the first constitution of District or Regional Councils.

Paragraph 9(2)

The Governor decides royalty disputes between the state government and district councils.

Paragraph 15

The Governor decides whether Acts of Parliament or State Legislature apply to autonomous districts, and may modify them.

Paragraph 16

The Governor may appoint a commission to examine the administration of Autonomous District Councils.

Based on the commission report, the Governor may:

• • Dissolve the council

  • Take corrective action.

Paragraph 20(3)

The Governor can suspend or annul laws made by District or Regional Councils if they threaten:

• • National security

  • Public order.

Role of Governor in Tribal Areas and Autonomous Councils

Assam contains several tribal autonomous regions governed under the Sixth Schedule.

The Governor plays a key supervisory and balancing role between the state government and these councils.

Constitutional Basis

• • Article 244(2)

  • Article 275(1)

Autonomous Councils in Assam

Important autonomous councils include:

• • Bodoland Territorial Council

  • Karbi Anglong Autonomous Council

  • Dima Hasao Autonomous Council

These councils have powers over:

• • Land management

  • Forests

  • Local governance

  • Customary tribal laws

  • Culture and social practices

Powers of Governor in Tribal Areas

1. Supervision of Autonomous Councils

The Governor:

• • Oversees functioning of Autonomous District Councils.

  • Reviews their administration.

2. Nomination of Members

The Governor can nominate up to four members to each district council.

These members hold office during the Governor’s pleasure.

3. Legislative Oversight

The Governor:

• • Assents to laws made by District Councils.

  • Can withhold assent if necessary.

4. Applicability of Laws

The Governor decides whether central or state laws apply in autonomous areas.

He may:

• • Modify laws

  • Exempt certain provisions

This ensures laws are suitable for tribal societies.

5. Administrative Control

If a council fails to function properly, the Governor may:

• • Dissolve the council

  • Assume administrative control temporarily.

6. Financial Role

The Governor:

• • Oversees grants given to tribal areas.

  • Resolves royalty disputes between the state and district councils.

7. Judicial Oversight

The Governor may specify jurisdiction of the High Court over tribal courts and cases.

Special Context: Bodoland Territorial Region

The Bodoland Territorial Region has a larger council with up to 46 members.

The Governor plays an important role in monitoring implementation of the 2020 Bodo Peace Accord.

Article 371B and Tribal Welfare

Under Article 371B, a committee of tribal MLAs is created in the Assam Legislative Assembly.

The Governor facilitates this committee to advise on matters related to tribal welfare.

Significance of the Governor in Assam

The office of the Governor is especially significant in Assam because of the state’s multi-ethnic and tribal composition.

Key Roles

• • Protects tribal autonomy and cultural identity

  • Prevents land alienation in tribal areas

  • Balances state government authority and autonomous councils

  • Ensures constitutional governance

  • Acts as a link between the Union Government and the state

Criticism of the Governors Office

Some criticisms include:

• • The Governor is sometimes seen as an agent of the Central Government.

  • Excessive discretionary powers may limit autonomy of tribal councils.

  • Role can become politically controversial during government formation or crises.