The Governor: Role and Position in State Governance
The Governor is the constitutional head of a state in India, acting as the representative of the President. While largely a ceremonial role, the Governor holds significant powers and responsibilities that impact the state's administration and political landscape. Understanding their position is crucial for mastering Indian Polity and Constitution for competitive exams.
Constitutional Basis and Appointment
The office of the Governor is established under Article 153 of the Constitution of India. The Governor is appointed by the President of India by warrant under his hand and seal. The tenure is typically five years, but they hold office during the pleasure of the President. This appointment process and the 'pleasure of the President' clause are key points of discussion regarding the Governor's independence.
The Governor is the constitutional head of the state, appointed by the President.
Article 153 mandates a Governor for each state. Appointed by the President, their term is usually five years but can be terminated by the President at any time.
Article 153 of the Constitution of India states that 'There shall be a Governor for each state'. However, Article 153 also allows for the same person to be appointed as Governor for two or more states. The Governor is appointed by the President of India and holds office during the pleasure of the President. This means the President can remove the Governor at any time without assigning any reason. The typical term is five years, but this is subject to the President's pleasure. This dual aspect of appointment and removal is a significant feature of the Governor's office.
Powers and Functions of the Governor
The Governor's powers can be broadly categorized into executive, legislative, judicial, and discretionary functions. While most executive actions are taken in the name of the Governor, they are usually exercised on the advice of the Council of Ministers headed by the Chief Minister.
Executive Powers
The Governor appoints the Chief Minister and other ministers, the Advocate General, Chairman and members of the State Public Service Commission, and judges of the High Court (in consultation with the Chief Justice of India and the Governor of the state). They also have the power to summon, prorogue, and dissolve the State Legislative Assembly.
Legislative Powers
The Governor is an integral part of the State Legislature. They can summon or prorogue the session of the State Legislature, dissolve the Legislative Assembly, address the Legislature, assent to bills passed by the State Legislature, reserve certain bills for the consideration of the President, and promulgate Ordinances when the Legislature is not in session. The Governor also nominates one member to the State Legislative Assembly from the Anglo-Indian community (though this provision has been amended).
Financial Powers
Money bills can only be introduced in the State Legislature on the Governor's recommendation. The Governor also causes the annual financial statement (budget) to be laid before the State Legislature and can make advances from the contingency fund of the state.
Judicial Powers
The Governor grants pardons, reprieves, respites, or remissions of punishment or suspends, remits, or commutes the sentence of any person convicted of any offence against any law with respect to which the executive power of the state extends. However, they do not have the power to pardon a death sentence (this power rests with the President).
Discretionary Powers
While the Governor generally acts on the advice of the Council of Ministers, the Constitution vests certain discretionary powers in the Governor. These include:
- The power to reserve a bill for the President's consideration (Article 200).
- The power to appoint the Chief Minister when no party has a clear majority in the Legislative Assembly.
- The power to dismiss the Council of Ministers when they cannot prove the confidence of the Legislative Assembly.
- The power to dissolve the Legislative Assembly.
- In the North-Eastern States, the Governor has special responsibilities concerning law and order, and the administration of tribal areas.
The Governor's discretionary powers are a subject of much debate, often leading to political controversies and judicial scrutiny regarding their constitutional propriety.
The Governor's role can be understood as a dual one: the constitutional head acting on the advice of the Council of Ministers, and in specific circumstances, acting as the agent of the Union Government or exercising discretionary powers. This duality is often highlighted in discussions about federalism and the balance of power between the Centre and the States. The Governor's assent to bills, appointment of CMs, and powers during a hung assembly are critical areas where this dual role is evident.
Text-based content
Library pages focus on text content
Article 153
The President of India
No, this power rests with the President.
Governor as Agent of the President
The Governor also acts as an agent of the President, particularly in the context of Article 356 (President's Rule). When the Governor reports to the President that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution, the President can impose President's Rule. This power makes the Governor a crucial link between the state and the Union government.
Controversies and Reforms
The role of the Governor has often been a subject of controversy, with allegations of political bias and misuse of discretionary powers. Various committees, such as the Sarkaria Commission and the Punchhi Commission, have made recommendations for reforms to ensure the Governor's office remains impartial and constitutional.
| Aspect | Governor's Role | President's Role (Union) |
|---|---|---|
| Head of State/Executive | Constitutional Head of State | Constitutional Head of Union |
| Appointment | Appointed by President | Elected (indirectly) |
| Tenure | During President's pleasure (typically 5 years) | Fixed term (5 years), subject to re-election |
| Key Power | Assent to State Bills, Appoint CM | Assent to Union Bills, Appoint PM |
| Discretionary Powers | Reserved bills, Hung assembly | Appoint PM, Dissolve Lok Sabha |
Learning Resources
A detailed explanation of the Governor's constitutional role, powers, and appointment process, often used for UPSC preparation.
The official legal text of Article 153 of the Constitution of India, defining the office of the Governor.
An overview of the Governor's powers and responsibilities, including their role in state administration and legislative processes.
Key recommendations of the Sarkaria Commission regarding the Centre-State relations, including the role of the Governor.
A summary of the Punchhi Commission's findings and recommendations on various aspects of Centre-State relations, including the Governor's office.
A detailed breakdown of the Governor's executive, legislative, financial, and judicial powers, with a focus on discretionary powers.
Explains Article 356, which deals with the imposition of President's Rule, and the Governor's role in reporting such situations.
An in-depth look at the discretionary powers of the Governor and the legal interpretations surrounding them.
While not a direct URL, this is the most authoritative textbook for UPSC Polity. The chapter on the Governor is essential reading.
A video explaining the Governor's role in Indian states, often covering contemporary issues and controversies.