The Governor of a state in India holds significant executive, legislative, financial, and judicial powers. However, unlike the President, the Governor does not possess diplomatic, military, or emergency powers. These roles encompass various responsibilities, including appointments, legislative functions, financial oversight, and judicial powers. Understanding the Governor’s powers and functions is crucial to grasping their role in the state’s administration.
Powers and Functions of Governor in India
Executive Powers
- Executive Actions: All executive actions of the state government are formally taken in his name.
- Authentication of Orders: Orders and other instruments, made and executed in the name of the Governor, shall be authenticated in such a manner specified by the Governor.
- Rules for Business Transaction: The Governor shall make rules for the more convenient transaction of the business of the state government and for the allocation among the ministers of the said business.
- Appointment of Chief Minister and Ministers: He appoints the Chief Minister and other ministers.
- They hold office during his pleasure.
- There should be a Tribal Welfare Minister in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha.
- The 94th Amendment Act, 2006 excluded Bihar from this provision.
- Seeking Information: He can seek any information related to the administration of the state and proposals for legislation from the Chief Minister.
- Submission of Matters: He can ask the Chief Minister to submit for the consideration of the Council of Ministers any matter on which a minister has taken the decision but the same has not been considered by the council.
- Recommendation for Constitutional Emergency: He can recommend to the President for the imposition of constitutional emergency in a state.
- Chancellor of Universities: He serves as the Chancellor of universities in the state. He has the power to appoint the Vice-Chancellors of universities in the state.
- Many states have introduced bills to alter the provision for appointment of VCs by the Governor like Tamil Nadu and Kerala.
- Appointments :
- Advocate General of the state and determines his remuneration. He holds office during the pleasure of the President.
- State Election Commissioner (SEC) and determines his conditions of service and tenure of office. But the SEC can only be removed only in like manner and on like grounds as a judge of a High Court.
- Chairman and members of the State Public Service Commission. But they can only be removed by the President and not by the Governor.
Legislative power
- The Governor has following legislative functions:
- Summoning, proroguing, dissolving State Legislature
- Addressing State Legislature at session commencement
- Sending messages regarding bills to the Legislature
- Appointment of session presiding members in vacancies
- Nominating legislative council members with special expertise
- Anglo-Indian community member nomination to assembly
- Disqualification decisions on State legislature members
- Assent, reservation, or return of state bills
- Obligatory reservation for bills affecting High Court
- Promulgation and withdrawal of ordinances
- The appointment of one member to the state legislature assembly from the Anglo- Indian Community by the Governor has been done away with by the 104th Constitutional Amendment Act.
Financial Powers
The financial functions of the Governor are:
- Annual Financial Statement is laid before the state legislature under his supervision.
- His prior recommendation is required to introduce Money bills in the state legislature.
- Demand for grants can be made only on his recommendation.
- He can make advances out of the Contingency Fund of the state.
- Establishment of a Finance Commission after every five years.
Judicial Powers
- Judicial functions of the Governor are:
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- He may grant reprieves, pardons, respites, remissions, and commutations of the sentence under state laws
- While appointing the judges of the concerned High Court, he is consulted by the President.
- Appointments, postings, and promotions of the district judges upon consultation with the state High Court.
- Appointments to the judicial service of the state (except the District Judge) after consulting with the state High Court and the State Public Service Commission.
- The three powers of the Governor i.e. veto power, ordinance-making power and pardoning power are studied in comparison with that of the President.
Governor’s assent to the state bills
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- Governor’s Assent to State Bills: Every bill that is passed by the state assembly needs the assent of the Governor, as the Governor is an integral part of the state legislature.
- Constitutional Provisions: The Constitution of India has provided elaborate provisions for the Governor’s approval to various kinds of state bills.
- In this context Article 200 and article 201 needs elaboration as discussed below:
Article 200
- Options for the Governor: Article 200 of the Indian Constitution outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President.
- Returning the Bill: The Governor may also return the Bill with a message requesting reconsideration by the House or Houses.
Article 201
- Consideration of Reserved Bills: It states that when a Bill is reserved for the consideration of the President, the President may assent to or withhold assent from the Bill.
- Direction to Return the Bill: The President may also direct the Governor to return the Bill to the House or Houses of the Legislature of the State for reconsideration.
- Comparison of Powers: Further the powers of the Governor related to giving assent to the bills can be better understood when we compare it with similar powers of the President of India.
| Aspect |
President |
Governor |
| Ordinary Bill Options |
- Assent to pass the bill and make it a law,
- Withhold his assent and the bill then ends
- Return for reconsideration (except when re-passed by both the Houses or it’s a money bill). Here the President has only suspensive veto.
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- Assent to pass the bill and make it a law,
- Withhold his assent and the bill then ends
- Return for reconsideration (except when re-passed by both the Houses or it’s a money bill). Here the Governor has only a suspensive veto.
- Reserve for President’s consideration. In such cases the President can give his assent, withhold it or return the bill to the state assembly.
- When a bill is returned by the President, the House or Houses have to reconsider it within a time period of six months.
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| When Bill is Re-passed |
- Must assent if the returned bill is passed again without amendments.
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- If the bill returned for reconsideration is re-passed with or without amendments by the state legislature , the Governor must give his assent (suspension veto).
- If a bill is reserved for the assent of the President, and the bill is again presented before the President, he is not bound to give his assent to the bill.
- He may assent or withhold his assent. the Governor’s assent becomes unnecessary.
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| Money Bill Process |
- Can only assent or withhold; cannot return for reconsideration.
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- Same as the President;
- Also the Governor can reserve the bill for the President’s consideration.
- Governor’s assent is not required if the President gives his assent.
- In such a case the President has two alternatives : he can either give his assent or withhold it but can not return the bill.
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| Action on Reserved Bills |
- Decides to assent or withhold; cannot return money bills for reconsideration.
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- No further role after reservation; if the President assents, the Governor’s assent is not required.
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Supreme court verdict in Punjab Government case on Governors withholding of State bills
- Supreme Court Ruling on Withholding Assent: Recently, the Supreme Court (SC) of India has stated when the Governor chooses to withhold assent to a Bill, it is mandatory for them to follow a specific course of action outlined in Article 200 of the Constitution.
- Communication of Reasons: The key aspect of Article 200 is that it mandates the Governor to communicate their reasons for withholding assent and prompt the Legislature to reconsider the Bill.
- Requirement to Return the Bill: The SC has held that if a Governor decides to withhold assent to a Bill, then he has to return the bill to the legislature for reconsideration.
- Violation of Constitutional Principles: The Governor’s withholding of assent without the necessary step of communicating the need for the Legislature to reassess the Bill violates constitutional principles.
| Ordinance making Powers |
President |
Governor |
| When Can Ordinances Be Promulgated |
- When neither or only one House of Parliament is in session.
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- When the state legislative assembly (unicameral) or neither House (bicameral) is in session.
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| Conditions for Promulgation |
- If he believes immediate action is needed.
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| Scope of Power |
- Co-extensive with Parliament’s legislative powers.
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- Coextensive with the state legislature’s powers.
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| Effect of Ordinance |
- Equivalent to an Act of Parliament.
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- Equivalent to an Act of the state legislature.
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| Limitations |
- Subject to the same limitations as Parliament’s legislative powers.
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- Subject to the same limitations as the state legislature’s powers.
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| Withdrawal |
- Can withdraw an ordinance at any time.
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| Discretionary Power |
- Not a discretionary power; ministers must recommend.
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- Same as President; based on the advice of the Chief Minister.
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| Presentation |
- Must be presented to both the Houses of Parliament upon reassembly.
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- Must be presented to both the Houses of the state legislature upon reassembly.
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| Expiry |
- Ceases after six weeks from reassembly or if disapproved earlier.
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- Ceases after six weeks from reassembly or if disapproved earlier by the Legislative Assembly.
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| Requirement for Instructions |
- No instruction needed for ordinance-making.
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- Requires President’s instructions in certain cases related to bills and provisions previously sanctioned by the President.
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Comparison of Pardoning powers of the Governor vis-a-vis of the President
| Pardoning Powers |
President |
Governor |
| Pardoning Powers related to Central or State laws |
- Can pardon, reprieve, respite, remit, suspend or commute sentences under Central law.
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- Can pardon, reprieve, respite, remit, suspend or commute sentences under State law.
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| Death Sentence |
- Exclusive power to pardon a death sentence.
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- Cannot pardon a death sentence;
- Can only suspend, remit, or commute it.
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| Court-Martial Cases |
- Can pardon, reprieve, respite, suspend, remit or commute punishments.
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- No such powers in cases of court-martial.
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Conclusion
The Governor’s role is multifaceted, covering executive, legislative, financial, and judicial domains. Although their powers are broad, they do not extend to diplomatic or military areas like the President’s.
- The Governor’s functions ensure the smooth operation of the state’s administration, maintaining a balance between state and central governance.
- Their significant powers in appointments, legislative processes, and judicial matters underscore their pivotal role in state governance.
