14. State Executive – Governor

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polity study materials 14

Powers And Functions Of Governor:

  • Governor possesses Executive, Legislative, Financial and Judicial powers more or less analogous to the President of India. However, he has no Diplomatic, Military or Emergency powers like the President.
  • The powers and functions of the governor can be studied under the following heads:
  1. Executive
  2. Legislative
  3. Financial
  4. Judicial

Executive Powers:

 The Executive powers and functions of the Governor are:

  1. All executive actions of the government of a state are formally taken in his
  2. He can make rules specifying the manner in which the Orders and other instruments made and executed in his name shall be
  3. He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said
  4. He appoints the chief minister and other They also hold office during his pleasure. There should be a Tribal Welfare Minister in the states of Bihar, Madhya Pradesh and Orissa appointed by him.
  5. He appoints the Advocate General of a state and determines his The Advocate General holds office during the pleasure of the Governor.
  6. He appoints the State Election Commissioner and determines his conditions of service and tenure of office. However, the State Election Commissioner can be removed only in like manner and on the like grounds as a judge of a High
  7. He appoints the chairman and members of the State Public Service However, they can be removed only by the President and not by a Governor.
  8. He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief
  9. He can require the Chief Minister to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the
  10. He can recommend the imposition of Constitutional Emergency in a state to the President. During the period of President’s rule in a state, the Governor enjoys extensive executive powers as an agent of the
  11. He acts as the Chancellor of Universities in the He also appoints the Vice- Chancellors of Universities in the state.

Legislative Powers:

  • A Governor is an integral part of the State Legislature. In that capacity, he has the following legislative powers and functions:
  1. He can summon or prorogue the state legislature and dissolve the State Legislative Assembly.
  2. He can address the state legislature at the commencement of the first session after each general election and the first session of each
  3. He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or
  4. He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy speaker fall vacant. Similarly, he can appoint any member of the State Legislative council to preside over its proceedings when the offices both Chairman and Deputy Chairman fall
  5. He nominates 1/6 th of the members of the State Legislative Council from amongst

persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.

  1. He can nominate one member to the State Legislative Assembly from the Anglo- Indian
  2. He decides on the question of disqualification of members of the State Legislature in consultation with the Election
  3. When a bill is sent to the Governor after it is passed by State Legislature, he can :
    • Give his assent to the bill, or
    • Withhold his assent to the bill, or
    • Return the bill (if it is not a money bill) for reconsideration of the State Legislature. However, if the bill is passed again by the State Legislature with or without amendments, the Governor has to give his assent to the bill, or
    • Reserve the bill for the consideration of the President; in one case such reservation is obligatory, that is, where the bill passed by the State Legislature endangers the position of the state High In addition, the Governor can also reserve the bill if it is of the following nature:
  4. Ultravires, that is, against the provisions of the
  5. Opposed to the Directive Principles of State
  6. Against the larger interest of the
  7. Of grave National
  8. Dealing with compulsory acquisition of property under Article 31A of the
  9. He can promulgate ordinances when the state legislature is not in These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime. This is the most important legislative power of the Governor.
  10. He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the accounts of the state, before the State

Financial Powers:

  • The Financial Powers and Functions of the Governor are:
  • He sees that the Annual Financial Statement (state budget) is laid before the State Legislature.
  • Money bills can be introduced in the State Legislature only with his prior recommendation.
  • No demand for a grant can be made except on his recommendation.
  • He can make advances out of the Contingency Fund of the state to meet any
  • unforeseen expenditure.
  • He constitutes a Finance Commission after every five years to review the financial position of the Panchayats and the Municipalities.

Judicial Powers:

The judicial powers and functions of the Governor are:

  1. He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state
  2. He is consulted by the President while appointing the judges of the concerned state High
  3. He makes appointments, postings and promotions of the district judges in consultation with the state High
  4. He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state High Court and the State Public Service Commission.

Discretionary functions of Governor:

  • The functions which are specially required by the Constitution to be exercise by the Governor in his discretion are:
  1. Para 9(2) of the 6thSchedule which provides that the Governor of Assam shall, in his discretion, determine the amount payable by the State of Assam to the District council, as royalty accruing from licenses for
  2. Art, 239 (2) [added by the Constitution (7 th Amendment) Act, 1956] which authorities
  • the President to appoint the Governor of a State as the administrator of an adjoining Union Territory and provides that where a Governor is so appointed, he shall exercise his functions as such administrator ‘independently of his Council of Minister’

.Special Responsibilities:

  • Besides the above functions to be exercised by the Governor ‘in his discretion’, there are certain functions under the amended Constitution which are to be exercised by the Governor ‘on his special responsibility’, – which practically means the same thing as ‘in his discretion’, because though in cases of special responsibility, he is to consult his Council of Ministers, the final decision shall be ‘in his individual judgement’, which no court can question. Such functions are-
  • The President may direct that the Governor of Maharastra or Gujarat shall have a special responsibility for taking steps for the development of certain areas in the State, such as Vidarbha, Saurashtra. [Art 371(2)].
  • The Governor of Nagaland shall, under Art. 371 A(1)(b) (introduced in 1962), have similar responsibility with respect to law and order in that State consisting of the members elected from the Hill Areas of that State.
  • Similarly, Art 371C(1), as inserted in 1971, empowers the President to direct that the Governor of Manipur shall have special responsibility to secure the proper functioning of the Committee of the Legislative Assembly of the State consisting of the members elected from the Hill Areas of that State.
  • 371F (g), inserted by the Constitution (36 th Amendment) Act, 1975, similarly, imposes a special responsibility upon the Governor of Sikkim “for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim.

President’s control over the Governor:

The President will have a personal control over the Governor through his power of appointment and removal, it does not seem that the President will be entitled to exercise any effective control over the State Government against the wishes of a Chief Minister who enjoys the confidence of the State Legislature, though, of course, the President may keep himself informed of the affairs in the State through the reports of the Governor, which may even lead to the removal of the Ministry, under Article 356.

 

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