This article is written by Miss. Rakshita Mathur, 3^rd Year of  BA.LLB. in VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES 

Governor 

The President and Governor are typically seen as the nominal heads of state in India, acting as a rubber stamp. Article 153 of the Indian Constitution specifies the process for appointing a governor. As a result, the governor has been reduced to a purely symbolic role; the chief minister-led committee of ministers now serves as the government’s actual representative.

There must be a governor for each state, according to Article 153 of the Constitution. This Article further states that a person may be appointed as the Governor of more than one State because it is not required for every State to have a different Governor.

The Governor serves in the same capacity as the President of India as the Executive Head of the State, and their roles are equivalent in the state. According to Article 154 of the Constitution, which states that the Governor has the executive power of the State, he has been given this authority. The Governors today are being pejoratively called the ‘Agents of the Centre’

Appointment Of A Governor

Article 155 of the Constitution provides for the appointment of the state’s governor. By a warrant bearing his signature and that of the President of India, he is appointed. Consequently, unlike the President who is chosen in an election, no elections are held for the position of Governor, and a person may be appointed to the position by the President.

A person must meet certain conditions to become a Governor. A person is eligible for nomination as Governor under Article 157 if:

• He is an Indian national.
• He has reached the age of 35.

If these two qualifications are met, a person’s nomination to the office of governor cannot be questioned because he is ineligible.

Conditions of Office of a Governor

In addition to the qualifications, there are certain other prerequisites that must be met in order to hold the office of Governor. These conditions are outlined in Article 158 of the Constitution, and they are as follows:

• The governor should not be a member of Parliament or the Legislature of any of the states listed in Schedule I of the Constitution. If a member of Parliament or a State Legislature is appointed as Governor, he is assumed to have relinquished his membership in that body as of the date he takes office as Governor.
• During his term, the Governor should not hold any profit-making office.
• The Governor receives allowances, emoluments, and privileges as specified by law by Parliament, and in the absence of such provisions, they are granted to him under Schedule II.
• If a person serves as Governor of two or more states, his allowances are given by the states in the proportion established by the President.
• The Governor’s allowances and emoluments are not subject to reduction during his tenure of office.

Who administers the Governor’s Oath?

When appointed, the Governor must take an oath before taking office. The oath is administered by the Chief Justice of the High Court of the concerned State, and if the Chief Justice is not present, the oath is administered by the seniormost judge of the High Court. Article 159 of the Constitution requires the Governor to take an oath.

Term of office of Governor

The Governor shall serve at the pleasure of the President.

(2) The Governor may resign his position by writing to the President under his hand.

(3) Subject to the preceding provisions of this article, a Governor shall hold office for a term of five years beginning on the date he takes office:

Provided, however, that a Governor shall continue to maintain office despite the expiry of his term until his replacement takes office.

Legislative Powers

• He is working on saving certain bills for the President’s approval. For example, bills requiring mandatory property acquisition or reducing the forces of the High Court must be saved for the President’s approval.
• He identifies individuals with exceptional knowledge or practical involvement in fields such as literature, art, science, the cooperative movement, and social service.
• He names a few members of the Anglo-Indian Community if he believes the latter has been underserved.
• He has been authorised by the Election Commission to select questions arising from the exclusion of any individual from either House.

Executive Powers

• He establishes regulations for the exchange of topics and portfolios of the State legislature for allocation among Ministers.
• He has the right to request information from the Chief Minister, and the Chief Minister of the State must notify and respond to him regarding all of his service options.
• He can also request that the Chief Minister propose any individual Minister’s choice for the Council of Minister’s consideration. He has the authority to make decisions on behalf of the Council of Ministers and the proposal of other Ministers.
• The President consults with him when appointing judges to the state High Court.
• The Governor appoints District Court Judges.

Financial Powers

The Governor’s financial powers are outlined in the constitution as follows:

• Aside from Governors’ proposals, no money bills can be introduced in the Assembly.
• He has access to the Contingency Fund. Until the State Legislature approves it, he can build signs of progress out of it to meet unforeseen use.
• There can be no interest in a grant unless the Governor suggests it.
• The Governor may request favourable, expansion, or abundance gifts from the State Legislature under Article 205.
• The Governor is responsible for ensuring that the State’s annual financial report or expenditure plan is presented before the House or Houses of the Legislature have gone over it.

Judicial Powers 

The Governor has the following judicial powers:

• Article 161 states that the Governor may grant pardons, respites, rests, or abatement of disciplines. He can also suspend, discharge, or commute the sentence of a person charged with an illegal offence.
• The President consults the Governor when appointing the Chief Justice to the High Court of that state.

Conclusion

A state’s governor is more than just a ceremonial figurehead. He can exercise a few authorities at his discretion, free of the state Chief Minister’s advice. Governor is far from a worthless position. The Governor serves as the link between the Union and the state. He acts as the President’s operator in the country both when he acts as the nominal and constitutional head of the state on regular occasions and when he acts as the entire head of the state during the time of the President’s rule works in the state. The Governor relies on his wisdom in alerting the President of the state’s emergency declaration.

REFERENCE 

THE CONSTITUTION OF INDIA,

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