Governor is a titular head or constitutional head and at the same time, he is the agent of the center as the union government nominates Governor in each state. The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state.
- Unlike elections of the President, there is no direct or indirect election for the post of Governor.
- 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.
Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:
- He should be an Indian Citizen
- He must be at least 35 years of age.
- Should not hold any office of profit.
- Should not be a resident of the same state.
Powers and Functions of Governor
The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in their oath of office under Article 159 of the Indian constitution in the administration of State affairs. All the governor’s actions, recommendations, and supervisory powers over the executive and legislative entities of a State shall be used to implement the provisions of the Constitution. In this respect, the governor has many different types of powers:
The following comes under his executive powers:
- Every executive action that the state government takes, is to be taken in his name.
- How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor.
- He may/may not make rules to simplify the transaction of the business of the state government.
- Chief Ministers and other ministers of the states are appointed by him.
- It is his responsibility to appoint Tribal Welfare Minister in the states of:
- Madhya Pradesh
- He appoints the advocate general of states and determines their remuneration
- He appoints the following people:
- State Election Commissioner
- Chairman and Members of the State Public Service Commission
- Vice-Chancellors of the universities in the state
- He seeks information from the state government
- A constitutional emergency in the state is recommended to the President by him.
- The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.
The following are the legislative powers of the governor:
- It’s in 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, He may/may not send a bill to the state legislature concerning the same
- If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then Governor appoints a person to preside over the session
- As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members of the legislative council from the fields of:
- Cooperative Movement
- Social Service
- As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from Anglo-Indian Community.
- He can consult Election Commission for the disqualification of members
- Concerning the bill introduced in the state legislature, he can:
- Give his assent
- Withhold his assent
- Return the bill
- Reserve the bill for the President’s consideration (In instances where the bill introduced in the state legislature endangers the position of state High Court.)
Financial Powers of the Governor
- He looks over the state budget being laid in the state legislature
- His recommendation is a prerequisite for the introduction of a money bill in the state legislature
- He recommends the demand for grants which otherwise cannot be given
- Contingency Fund of State is under him and he makes advances out that to meet unforeseen expenditure.
- State Finance Commission is constituted every five years by him.
- He has the following pardoning powers against punishment:
- President consults the Governor while appointing judges of High Court.
- In consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges.
- In consultation with the state high court and state public service commission, he also appoints persons to the judicial services.