Governor of India ( Important of APSC)

Governor of India the state executive in India comprises several key components, including the Governor, Chief Minister, Council of Ministers, and the Advocate-General of the State. The Governor, who represents the President of India, holds a prominent position within the state government. The Indian Constitution, specifically Articles 153 to 167, outlines the intricate provisions that govern the functioning of state governments across the country.

The role of the Governor can be characterized as that of a titular or constitutional head. While the Governor does have ceremonial duties and certain constitutional powers, their real authority is limited, and they act as a representative of the central government at the state level. It’s important to note that the appointment of Governors in each state is carried out by the Union government, which further reinforces their role as agents of the center.

Who is a Governor?

The Governor holds the position of a nominal executive head within the state. While occupying a pivotal role in the state executive, the Governor functions as the chief executive head. It is the responsibility of the Central Government to nominate a Governor for each state.

Procedure of Governor Appointment

In India, the President appoints a Governor for each state through an official warrant bearing the President’s signature and seal. It is the responsibility of the Central Government to nominate individuals for the position of Governor in each state.

•  Unlike the election of the President, the appointment of a Governor does not involve any direct or indirect electoral process.
• The role of a Governor is distinct from the Union Executive and constitutes an independent constitutional office. Governors do not serve the Union Government, nor are they subordinate to it.
• The nomination and subsequent appointment of Governors in India follow a model similar to that of Canada’s government structure.

The term of the Governor office

The term of a Governor’s office is not fixed, as the Governor serves at the pleasure of the President. The President has the authority to remove a Governor, and the constitution does not specify the grounds for removal.

Additionally, the President can transfer a Governor from one state to another, and a Governor can be reappointed to a different term.

Important points to note:

• There is no gap allowed between the end of one Governor’s term and the assumption of office by the new Governor to ensure continuous governance.
• At the discretion of the President, the Chief Justice of the High Court of the respective state can also be temporarily appointed as Governor when deemed appropriate. For instance, in the event of a Governor’s death, the Chief Justice of the High Court can be appointed as the Governor.

Qualification to become a Governor

Unlike members of Lok Sabha or Rajya Sabha, or even the Prime Minister and President, Governors in India have only two specific qualifications to meet:

• They must be Indian citizens.
• They must be at least 35 years old.

It’s important to note that there are two conventions typically followed by the government when appointing Governors:

• The preference is to nominate individuals who are not from the state they are appointed to govern, ensuring that they are outsiders with no prior affiliations or connections to the state.

• The President usually consults with the Chief Minister of the respective state before finalizing the appointment of a Governor.

However, it’s worth mentioning that these conventions are not absolute, and there have been instances where the Union government has deviated from them in the appointment of Governors.

Pleasure Doctrine

The “pleasure doctrine” finds its roots in English common law, allowing the crown to terminate the services of anyone in its employ at any time. In India, Article 310 of the Constitution states that every person in the defense or civil service of the Union serves at the pleasure of the President. Similarly, members of the civil service in the States hold office at the pleasure of the Governor.

However, Article 311 places limitations on the removal of civil servants. It mandates that civil servants be given a reasonable opportunity to be heard regarding charges against them. There are provisions for bypassing an inquiry when it’s impractical or not in the interest of national security.

Article 164 deals with the appointment of the Chief Minister (CM) by the Governor and the appointment of other Ministers by the Governor on the advice of the CM. It stipulates that Ministers also serve at the pleasure of the Governor. In this context, the term “pleasure” implies the CM’s authority to dismiss a Minister, not that of the Governor. In other words, the Governor cannot remove a Minister independently in a constitutional setup where they are appointed solely on the CM’s advice.

The Supreme Court’s perspective on this matter is noteworthy:

• In the Shamsher Singh & Anr vs. State Of Punjab (1974) case, a seven-judge Constitution Bench emphasized that the President and Governor, holders of executive powers under various Articles, should exercise their formal constitutional powers based on the advice of their Ministers, except in specific exceptional situations.
• In the Nabam Rebia And Etc. vs. Deputy Speaker And Ors (2016) case, the Supreme Court referred to B. R. Ambedkar’s observations, emphasizing that the Governor, under the Constitution, has no functions to discharge independently. While the Governor has duties to perform, these should align with the advice of the Council of Ministers.
•  In the Mahabir Prasad v. Prafulla Chandra (1969) case, the nature of the Governor’s pleasure under Article 164(1) was addressed. It was clarified that the Governor’s pleasure under Article 164(1) is subject to Article 164(2). Therefore, the withdrawal of the Governor’s pleasure must coincide with the withdrawal of support to the ministry by the legislative assembly.

Constitutional Provisions Related to the Governor

Article 153 of the Indian Constitution mandates the appointment of a Governor for each State. It’s noteworthy that one individual can serve as the Governor for two or more States, a practice permitted under the Constitution.

The appointment of a Governor is made by the President of India, representing the nominee of the Central Government. The Governor plays a dual role:

Constitutional Head of the State

While the Governor holds this position, they are constitutionally bound by the advice of their Council of Ministers (CoM). This means that most of their actions and decisions are taken in consultation with and on the advice of the CoM.

Link Between Union and State Governments

The Governor serves as a crucial bridge connecting the Union Government and the State Government. This role is essential for maintaining coordination and communication between the two levels of government.

Articles 157 and 158 lay down the eligibility criteria for the post of Governor, which include:

• Being a citizen of India.
•  Attaining a minimum age of 35 years.
•  Not being a member of either house of the Parliament or the State Legislature.
• Not holding any office of profit.

The Governor possesses certain powers and functions, such as the authority to grant pardons, reprieves, and more (Article 161).

A Council of Ministers (CoM) led by the Chief Minister (CM) aids and advises the Governor in carrying out their functions, except in specific circumstances where the Governor exercises discretion (Article 163).

The Governor holds the authority to appoint the Chief Minister and other Ministers (Article 164).

Regarding legislative matters, the Governor can assent to bills passed by the Legislative Assembly, withhold assent, or reserve them for the consideration of the President (Article 200).

In certain situations, Governors are empowered to promulgate ordinances (Article 213) when the legislative assembly is not in session, ensuring the smooth functioning of the state’s governance.

Historical Background

• Governors under the Government of India Act 1935 were seen as representatives “by the Raj, of the Raj, and for the Raj.”

•  The Constituent Assembly expressed the desire for elected Governors, as recommended by a sub-committee comprising B.G. Kher, K.N. Katju, and P. Subbarayan.

• Concerns about potential power conflicts between Governors and Chief Ministers prompted the adoption of the system of appointed Governors in the states.

• The 1948 draft constitution remained ambivalent on the matter, with the drafting committee leaving the decision on whether Governors should be elected or nominated to the Constituent Assembly.

The Friction Points in Governor-State Relations

The Governor is conceived as a non-political figure who is expected to act upon the advice of the council of ministers. However, the Constitution grants the Governor certain discretionary powers, such as:

Assenting or Withholding Assent to Bills

The Governor has the authority to grant or withhold assent to bills passed by the state legislature.

Determining Time for Proving Majority

In cases of a hung verdict in elections, the Governor decides the time given to a party to prove its majority or which party should be called first to do so.

It’s worth noting that there are no specific provisions outlining how the Governor and the state should publicly engage when there is a difference of opinion.

The Governor’s tenure lasts for five years, but they can hold office only at the pleasure of the President. In 2001, the National Commission to Review the Working of the Constitution concluded that the Governor owes their appointment and continuance to the Union, raising concerns that they may act in accordance with instructions from the Union Council of Ministers.

The Constitution lacks explicit guidelines for the exercise of the Governor’s powers, including the appointment of a Chief Minister or the dissolution of the Assembly. Additionally, there is no specified time limit for how long a Governor can withhold assent to a Bill.

Furthermore, the Governor submits reports to the central government, which serve as the basis for the Union cabinet’s recommendations to the President for invoking Article 356 (President’s Rule) in a state.

Constitutional Provisions related to Governor of India

The appointment and powers of the Governor in India are outlined in Part VI of the Indian Constitution. Article 153 establishes that there shall be a Governor for each State, with the provision that one person can serve as Governor for two or more States.

The Governor operates in a dual capacity, serving as both the Constitutional head of the state and the representative of the Union Government. This role is crucial in the federal system of Indian polity, where the Governor acts as a bridge facilitating communication and cooperation between the Union and State governments.

Article 157 and Article 158 of the Constitution specify the eligibility criteria for the position of Governor. These criteria include:

• Being a citizen of India.
• Attaining a minimum age of 35 years.
• Not being a member of either house of Parliament or the State Legislature.
• Not holding any office of profit.

Typically, the term of a Governor’s office is five years. However, it can be terminated earlier under the following circumstances:

1. Dismissal by the President, based on the advice of the Council of Ministers headed by the Prime Minister of the country. It’s important to note that dismissal of Governors without a valid reason is not permitted. The President may dismiss a Governor if their actions are deemed unconstitutional and malafide by the courts.

2. Resignation by the Governor.

In summary, the role and tenure of Governors in India are defined by the Constitution, and they play a vital role in maintaining the federal structure of the Indian government.

The powers and functions of the Governor

The Governor wields significant executive powers, which encompass:

• All executive actions undertaken by the state government are carried out in the Governor’s name.
•  The Governor has the authority to specify rules governing the authentication of orders issued in his name.
• The Governor may choose to establish rules to streamline the conduct of the state government’s business.
•  The Governor is responsible for appointing both the Chief Minister and other Ministers in the state.
•  In certain states like Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, the Governor appoints the Tribal Welfare Minister.
• The Governor appoints the Advocate General of the state and determines their remuneration.
• The Governor has the power to appoint various officials, including the State Election Commissioner, Chairman, and Members of the State Public Service Commission, and Vice-Chancellors of state universities.
• The Governor can request information from the state government.
•  In the event of a constitutional emergency within the state, the Governor is tasked with recommending the imposition of President’s Rule to the President.
• During a period of President’s Rule in the state, the Governor exercises extensive executive powers as the agent of the President.

The Governor’s executive powers encompass a wide range of responsibilities, serving as a vital link between the state government and the President while overseeing various aspects of state governance.

The Governor possesses legislative powers, which include:

• The Governor can prorogue the state legislature and also has the authority to dissolve the state legislative assemblies when necessary.

•  The Governor addresses the state legislature at its first session every year.

•  The Governor has the discretion to send a bill to the state legislature if there is a pending matter or issue of importance.

• In cases where the Speaker of the Legislative Assembly is absent and the Deputy Speaker is also unavailable, the Governor appoints an individual to preside over the session.

•  Similar to the President’s nomination of 12 members in the Rajya Sabha, the Governor nominates 1/6 of the total members of the legislative council. These nominations come from fields such as Literature, Science, Art, Cooperative Movement, and Social Service.

• Just as the President nominates 2 members in the Lok Sabha, the Governor nominates 1 member in the state legislative assembly from the Anglo-Indian Community.

• The Governor can consult the Election Commission regarding the disqualification of members.

• Concerning bills introduced in the state legislature, the Governor has several options:

• Grant his assent.
• Withhold his assent.
•  Return the bill for further consideration.
•  Reserve the bill for the President’s consideration, particularly in cases where the bill could affect the position of the state High Court.

The Governor’s legislative powers encompass a range of responsibilities, from addressing the state legislature to making important decisions regarding bills and nominations in the legislative bodies.

The Governor exercises various financial powers and functions, which include:

•  The Governor reviews the state budget presented in the state legislature.

•  His recommendation is a prerequisite for the introduction of a money bill in the state legislature.
•  The Governor recommends the demand for grants, which are essential for allocating financial resources.
• The Contingency Fund of the State is under the Governor’s purview, and he can make advances from it to address unforeseen expenditures.
• The Governor is responsible for constituting the State Finance Commission every five years, which plays a crucial role in financial matters.

The Governor’s financial powers and functions encompass critical aspects of budgetary oversight, recommendations for money bills, and the management of financial resources to ensure the efficient functioning of the state’s financial system.

The Governor exercises specific judicial powers and functions, including:

• The Governor holds the authority to grant various forms of clemency against punishment, such as:

•  Pardon
•  Reprieve
•  Respite
• Remit
• Commute

• The President consults with the Governor when appointing judges to the High Court.

•  The Governor, in consultation with the State High Court, plays a role in appointing, posting, and promoting district judges.

• In collaboration with the State High Court and the State Public Service Commission, the Governor also appoints individuals to the judicial services.

 The Governor’s judicial powers encompass various aspects of the legal system, from granting clemency to participating in the appointment and promotion of judges within the state’s judiciary.

Moving forward, it is essential for Governors to exercise their constitutional powers judiciously when dealing with Bills, refraining from using their authority to obstruct legislation that may not align with their preferences.

Implementing the principle suggested by the M.M. Punchhi Commission, which reviewed Centre-State relations, could be beneficial. This principle recommends relieving Governors from the role of Chancellors, allowing them to focus on their constitutional duties.

Governors should avoid developing an inflated perception of their roles within the Constitution. While they have a responsibility to safeguard the Constitution and can employ their powers to caution elected governments against constitutional violations, it’s crucial to understand that this does not grant them the authority to function as an alternative power center, given the absence of specific time frames and the discretionary space inherent in their roles.

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