This Article has been written by Ms. Ayushi Notani, a 1^st year law student pursuing BBA.LLB(HONS) from Vivekananda Institute of Professional Studies.

INTRODUCTION

In India, the federal structure of the Government can be seen. There is a division of powers between the Centre and the States.This division has led to the creation of the three branches or organs of the Government to be present at both the levels, therefore, the Legislature, Executive as well as Judiciary. Out of all thes organs, the executive has assumed the most dominant role in the Country because of the increase in its powers after the introduction of Delegation of power. 

WHO IS A GOVERNOR?

Article 153 of the Indian Constitution states that there shall be a Governor for each State. This article also provides that it is not necessary for every State to have different Governor and thus a person can be appointed as the Governor of more than one State. Governor is a nominal executive head of the State. The Governor’s position in the State is identical to the position of the President of India and just like the President, the Governor is the highest authority of the State. This authority is conferred on him under Article 154 of the Indian Constitution which provides that the executive power of the state is vested in the governor. 

HOW IS THE GOVERNOR APPOINTED?

The Governor of the State is appointed under Article 155 of the Indian Constitution. He is also appointed by the President of India by a warrant in his hand and seal. Thus in case of Governor, no elections are held and he is selected directly, unlike the President who is chosen by election, and a person can be appointed as the Governor by the authority of the President.The office of a governor is not a part of the union executive and is an independent constitutional office. The governor doesn’t serve the union government and neither is subordinate to it. The nomination of a governor by the Union and his appointment by the President in India is based on the Canadian model of government. 

WHAT IS THE TERM OF THE GOVERNOR’S OFFICE?

Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.The provisions for the term of the Office of the Governor have been provided in Article 156 of the Indian Constitution. Under this article the following terms are provided-

• The governor holds his office at the pleasure of the President. It means that a Governor serves till the time President deems it fit and he can be removed by him at any time.
• The Governor also has the power to resign from his office during his term.He can resign by addressing his intention to do so in writing to the President.
• Unless the Governor resigns from his office or the President removes him, the normal term of a governor is provided for a period of 5 years from the date of him entering his office.

WHAT ARE THE QUALIFICATIONS OF A GOVERNOR?

For a person to become a Governor he has to fulfill some requirements. Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a set of qualifications to meet to hold the office, Governor has to meet some requirements.According to Article 157 of the Indian Constitution, a person is eligible for appointment as the Governor if:

1. He is a citizen of India.
2. He has attained the age of 35 years.

If these two conditions are fulfilled then the appointment of a person to the office of governor cannot be challenged in the grounds of him being ineligible.

WHO ADMINISTERS THE OATH OF THE GOVERNOR?

The Governor on being appointed has to undertake an oath before entering the office. The oath is administered by the Chief Justice of the High Court of the concerned state and in case the Chief Justice is not present, then the senior most Judge of the High Court administers the oath. The oath of the Governor is observed under Article 159 of the Indian Constitution.

WHAT ARE THE CONDITIONS OF OFFICE OF A GOVERNOR?

In addition to the qualifications, some other conditions are also attached to the office of Governor which have to be observed. These conditions have been provided under Article 158 of the Indian Constitution which are:

1. The Governor should not be a member of the Parliament or a member of the Legislature if any state which is specifies in Schedule I of the constitution. If a person, who is a member of Parliament or such state Legislature is appointed as the Governor, then he is deemed to have vacated his seat in that house from the date he enters the office of Governor.
2. The Governor should not hold any office of profit during his term.
3. The Governor is provided with such allowances, emoulments and privileges which the Parliament provides by law and in the absence of such provisions, they are provided to him as per Schedule II.
4. If a person is Governor of two or more states, his allowances are provided by the concerned states in such proportion which is specified by the President.
5. The allowances and emoluments which are provided to the Governor cannot be reduced during his term of office.

WHAT ARE THE POWERS OF A GOVERNOR?

The Governor being the Executive head of the state has been given many powers which can be broadly categorized into several categories. The powers of the Governor are similar to those of the President. 

1. EXECUTIVE POWERS=The executive powers are vested on the governor which is  exercised  by him either directly or through subordinate offices.

• The Governor has the authority to make rules about the transactions of the state government
• The Governor has the right to seek information from the Chief Minister of the State about the various decisions taken by the Council of Ministers and Chief Minister is bound by duty to provide such information to him.
• The Governor can also require the Chief Minister to provide the decision of an individual minister to be considered by the council.
• The Governor makes the appointments of the members of the Council of Ministers.

2. JUDICIAL POWERS= The Governor is also provided with some judicial powers under the constitution. Just like the President, the Governor also has the power to grant pardon. By allowing the request of pardon, the Governor can allow a person to be free from any punishment even if the court finds him guilty of the offence. The power to grant pardon is discretionary and is not a right which can be exercised by every offender and thus the governor has the right to decide in which cases he wants to grant pardon to a person and in which cases he does not want to grant such pardon.

Under Article 161 of the Indian Constitution, the Governor has been granted this power. He also has the power to reprieve, commute, respite or remit the punishment of a person. He can also overturn a decision of the High Court but this power has to be exercised wisely because it can lead to a conflict between the Executive and Judiciary.

3. LEGISLATIVE POWERS

• It’s his power to prorogue the state legislature and dissolve the state legislative assemblies.
• He addresses the state legislature at the first session of every year.
• If any bill is pending in the state legislature, Governor may/may not send a bill to the state legislature concerning the same.
• He can consult the Election Commission for the disqualification of members.
• If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then the Governor appoints a person to preside over the session.

4. FINANCIAL POWERS

• He looks over the state budget being laid in the state legislature.
• His recommendation is a pre requisite for the introduction of a money bill in the state legislature.
• He recommends for the demand for grants which otherwise cannot be given.
• The Contingency Fund of the state can be used by the Governor at his disposal. He can use the fund to meet any unforeseen expenditure if the state legislature approves it.

5. EMERGENCY POWERS= While the President and the Governor have been provided with similar powers under the constitution, a Governor does not have the power to declare emergency in a state because this power is only vested with the President.But the governor still plays a great role in the proclamation of emergency in a state. Under Article 356 the governor has the power to send a report to the President when he is satisfied that the constitutional machinery in the state has failed and the state government can no longer function.  

CONCLUSION

The Governor is the executive head of the state and in many cases, the powers of the Governor resemble those of the President of India. A person can be appointed as the Governor of two or more states and such an appointment cannot be challenged. The Governor is appointed by the President and he serves at his pleasure. The Governor has been provided with many powers under the Constitution which can be divided into several categories. As the Executive head, he has many executive powers and in addition to that, he is also provided with other powers as well. He has the legislative power of granting or refusing the assent to a bill. The power to summon and prorogue the State Assembly. He also enjoys judicial powers such as granting pardon. In financial matters too, the Governor has an important role and many bills relating to financial matters can be introduced only on the recommendation of the Governor. The Governor also plays a big role in the proclamation of emergency in the State and in many cases he also assumes the functions of the State government. Thus, the Governor despite being a titular head like the President still enjoys wide powers in the State.

REFERENCES

www.blog.ipleaders.in

https://www.legalserviceindia.com

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