All About Governor of the State

The Governor occupies a crucial position in the constitutional framework of India. As the constitutional head of a State, the Governor represents the Union within the federal structure and acts as a vital link between the Central Government and the State Government. The office of the Governor is not merely ceremonial; it is deeply embedded in the working of the Constitution and plays an important role in ensuring that State governance is carried on in accordance with constitutional principles.

The provisions relating to the Governor are contained in Part VI, Chapter II (Articles 153 to 162) of the Constitution of India, 1950. These provisions lay down the appointment, qualifications, tenure, powers, functions, and responsibilities of the Governor. This article provides a detailed and structured explanation of all major aspects of the office of the Governor, written in simple and clear Indian English.

Constitutional Position of the Governor

Article 153 of the Constitution provides that there shall be a Governor for each State. The proviso to this Article permits the appointment of the same person as Governor for two or more States. The Governor is the constitutional head of the State, much like the President of India is the constitutional head of the Union.

Although the Governor functions at the State level, the office is not an agent of the State Government. Instead, the Governor acts as a constitutional authority bound to function within the limits of the Constitution. In normal circumstances, the Governor exercises powers on the aid and advice of the Council of Ministers headed by the Chief Minister. However, in certain situations, the Governor may act independently, as permitted by the Constitution.

Executive Power of the State

Article 154 vests the executive power of the State in the Governor. This executive power is exercised either directly by the Governor or through officers subordinate to the Governor, in accordance with the Constitution.

The vesting of executive power in the Governor does not mean that the Governor personally administers the State. In practice, executive authority is exercised by the elected government. The constitutional arrangement ensures that all executive actions of the State are formally taken in the name of the Governor, maintaining the constitutional structure and accountability.

Article 154 also clarifies that this vesting of executive power does not transfer functions already conferred by law on other authorities, nor does it prevent Parliament or the State Legislature from conferring functions on authorities subordinate to the Governor.

Appointment of the Governor

Article 155 provides that the Governor of a State shall be appointed by the President of India. The Constitution does not prescribe any detailed procedure or criteria for appointment. In practice, the appointment is made by the President on the aid and advice of the Council of Ministers at the Centre.

Although appointed by the President, the Governor is not an employee of the Central Government. The Governor holds a constitutional office and functions independently within the constitutional scheme. There is no constitutional bar on a person being appointed as Governor more than once, whether in the same State or in different States.

The Constitution also permits one person to be appointed as Governor for two or more States simultaneously, a provision often used for administrative convenience.

Term of Office

Article 156 deals with the term of office of the Governor. The Governor holds office during the pleasure of the President. The normal term of office is five years from the date on which the Governor enters office.

Despite the five-year term, the Governor does not enjoy security of tenure in the strict sense. Since the office is held during the pleasure of the President, the Governor may be removed earlier. However, judicial interpretation has clarified that removal should not be arbitrary or mala fide.

A Governor may leave office in the following ways:

• Removal by the President, acting on the advice of the Union Council of Ministers
• Resignation by the Governor by writing to the President

Even after the expiry of the five-year term, a Governor continues to hold office until a successor enters upon office. This ensures continuity and avoids a constitutional vacuum.

Qualifications for Appointment as Governor

Article 157 prescribes the qualifications for appointment as Governor. These qualifications are minimal and straightforward:

• The person must be a citizen of India
• The person must have completed the age of 35 years

The Constitution does not prescribe any educational, political, or administrative qualifications. This reflects the intention of the framers to keep the office inclusive and flexible, relying on convention rather than rigid rules.

Conditions of Governor’s Office

Article 158 lays down important conditions to ensure the independence and dignity of the office of the Governor.

• Firstly, the Governor must not be a member of either House of Parliament or of the Legislature of any State. If a sitting member is appointed as Governor, the seat is deemed to be vacated from the date the person enters office.
• Secondly, the Governor must not hold any other office of profit. This prevents conflicts of interest and ensures impartial functioning.
• Thirdly, the Governor is entitled to rent-free official residence and such emoluments, allowances, and privileges as may be determined by Parliament. Until Parliament makes such provisions, the Second Schedule to the Constitution governs these entitlements.

Where the same person is appointed as Governor of two or more States, the emoluments and allowances are shared among the States in proportions determined by the President.

Importantly, the emoluments and allowances of the Governor cannot be diminished during the term of office. This safeguard protects the independence of the Governor from political pressure.

Oath or Affirmation

Article 159 requires every Governor, and every person discharging the functions of the Governor, to take an oath or affirmation before entering office. The oath is administered by the Chief Justice of the High Court of the State or, in the Chief Justice’s absence, the senior-most available judge.

Through the oath, the Governor swears to faithfully execute the office, preserve, protect, and defend the Constitution and the law, and devote oneself to the service and well-being of the people of the State.

Powers of the Governor

Executive Powers of the Governor

The Governor exercises several executive powers under the Constitution. These powers are mostly formal and are exercised on the advice of the Council of Ministers.

The Governor appoints the Chief Minister of the State. In normal situations, the leader of the majority party in the Legislative Assembly is appointed. The Governor also appoints other Ministers on the advice of the Chief Minister and allocates portfolios.

The Governor appoints important constitutional authorities such as the Advocate General of the State and the Chairman and Members of the State Public Service Commission. The Governor also appoints the State Election Commissioner.

All executive actions of the State Government are taken in the name of the Governor. Rules for the transaction of business of the State Government are also framed in the name of the Governor.

In many States, the Governor also functions as the Chancellor of State universities. In this role, the Governor plays an important part in safeguarding academic autonomy and ensuring proper governance of higher educational institutions.

Legislative Powers of the Governor

The Governor is an integral part of the State Legislature. Legislative powers of the Governor include summoning, proroguing, and dissolving the Legislative Assembly.

The Governor addresses the State Legislature at the beginning of the first session after elections and at the beginning of the first session each year. This address outlines the policies and programmes of the State Government.

A Bill passed by the State Legislature becomes law only after receiving the assent of the Governor. The Governor may give assent, withhold assent, or return a non-money Bill for reconsideration. If the Bill is passed again, the Governor is bound to give assent.

The Governor may also reserve certain Bills for the consideration of the President, particularly when they involve constitutional issues or conflict with Union laws.

When the Legislature is not in session and immediate action is required, the Governor may promulgate Ordinances under Article 213. These Ordinances have the same force as laws but must be approved by the Legislature within a specified time.

Judicial Powers of the Governor

The Governor possesses limited judicial powers. Under Article 161, the Governor has the power to grant pardons, reprieves, respites, or remissions of punishment for offences against laws relating to matters within the executive power of the State.

The Governor also plays a role in the appointment of judges. Judges of the High Court are appointed by the President in consultation with the Governor of the State. District judges are appointed by the Governor in consultation with the High Court.

Discretionary Powers of the Governor

Although most powers are exercised on ministerial advice, the Constitution provides certain discretionary powers to the Governor. These powers are exercised independently in specific situations.

Discretion may be exercised in appointing a Chief Minister when no party has a clear majority. The Governor may also report a breakdown of constitutional machinery in the State to the President under Article 356.

The Governor may reserve Bills for the President’s consideration and may act independently during certain emergency situations if authorised by the President.

Emergency Powers

The Governor does not independently proclaim a national emergency or financial emergency. However, the Governor plays a key role in the imposition of President’s Rule under Article 356 by reporting constitutional failure in the State.

During the operation of President’s Rule, the Governor functions as the representative of the President and administers the State on behalf of the Union.

Removal and Legal Immunity

The Governor may be removed by the President before the expiry of the term. The Constitution does not specify grounds for removal, but judicial interpretation requires that removal should not be arbitrary or unconstitutional.

Under Article 361, the Governor enjoys personal immunity from court proceedings during the term of office. However, unconstitutional actions of the Governor can be reviewed by courts, and legal proceedings may be initiated after the Governor leaves office.

Conclusion

The Governor of a State holds a unique and significant constitutional position in India’s federal structure. While largely bound by the advice of the elected government, the Governor acts as a guardian of the Constitution at the State level. 

Through executive, legislative, judicial, and discretionary powers, the office of the Governor ensures continuity, stability, and constitutional governance. A proper understanding of this office is essential for appreciating the balance between the Union and the States under the Constitution of India.