POWERS AND FUNCTIONS OF THE GOVERNOR IN INDIA

POWERS AND FUNCTIONS OF THE GOVERNOR IN INDIA

The Governor is the Chief Executive of a State. The executive powers of the state are vested upon the Governor. All his powers and functions are exercised by the State Council of Ministers headed by the Chief Minister. The powers and functions of the Governor mean the powers and functions of the Council of Ministers. The Governor can act at his discretion under Article 163 (2). In all other matters, the Governor of the state will act according to the advice of the State Council of Ministers which is headed by the Chief Minister under the Article 163 (1) of the Constitution of India.

EXECUTIVE POWERS:       

The executive power of the state is vested upon the Governor under Article 154. He exercises these powers either directly or through officers subordinate to him according to the Constitution of India;

1) As the Governor is the Executive Head of the State Government all executive actions of the State Government are taken in his name.

2) He appoints the Chief Minister. On the advice of the Chief Minister the other ministers to constitute his Council of Ministers. The Governor administers them oath of office and secrecy and accepts their resignations. He may dismiss the ministers. He distributes portfolios among them as advised by the Chief Minister.

3) The Governor appoints the high officials of the State like those of the Advocate General, Chairman and members of the State Public Service Commission and other officials. He is consulted by the President in case of appointment of a judge of the High Court of his state including the Chief Justice.

4) The Governor must be kept informed by the Chief Minister with necessary information in regard to the administration of his state. He may also submit the decision of an individual minister for the consideration of the Council of Ministers.

5) The Governor sends fortnightly reports to the President in regard to the breakdown of constitutional machinery in the state with his recommendations regarding the imposition of emergency under Article 356 of the Constitution. When the President declares State Emergency, the Governor acts as the agent of the Union Government in running the administration of the state.

6) The Governor also acts as the Chancellor of state universities.

LEGISLATIVE POWERS:

The Governor is not a member of the State Legislature, but he is an integral part of it. The Governor has legislative powers;

1) He summons and prorogues the State Legislature. He can dissolve the Legislative Assembly at any time.

2) He may nominate one member of the Anglo-Indian community to the Legislative Assembly if there are Anglo – Indian people in a state and they have no representation in the State Legislature Assembly. He may nominate about 1/6 members of the Legislative Council (Vidhan Parishad) from among persons having special knowledge or experience in the fields of science, literature, arts, social service and co-operative movement.

3) He may decide a matter relating to the disqualification of a member of the State Legislature in consultation with the Election Commission.

4) The Governor may address either House or both Houses assembled together and may send messages to them for consideration.

5) The bills passed by the State Legislature are subjected to his assent. He may give his assent, or withhold it, or return a non-money bill for re-consideration. He cannot withhold his assent if a non-money bill is adopted for the second time by the State Legislature.

6) There are certain bills which may be sent by the Governor for the consideration of the President after their adoption by the State Legislature.

7) When the State Legislature is not in session. The Governor may promulgate an ordinance to meet an urgent situation. Such an ordinance shall have the force of law. It will continue to remain in operation for 6 weeks after the State Legislature sits.

8) The annual reports of various agencies are submitted to him. He sees to it that they are placed in the Legislature for consideration.

9) When both the Speaker and the Deputy Speaker of the Legislative Assembly are absent, the Governor may ask someone in the Assembly to preside over its sittings.

FINANCIAL POWERS:

1) No money bill can be introduced in the State Assembly without his permission.

2) The Contingency Fund of the state is placed at his disposal.

3) The Governor is responsible for getting the annual budget prepared and laid before the State Legislature.

4) No demand for grant from the state revenue can be made except with the consent of the Governor.

5) Money bills must be assented to by the Governor.

JUDICAL POWERS:

1) He has certain powers relating to the organization of the State Judiciary in consultation with the High Court. He regulates their promotion and transfer.

2)                         He has the power of granting pardon to the persons convicted by the courts of law or remitting or commuting their sentence. The offence must come under a law relating to matters lying within the executive competence of the State Government. He can suspend the executive of a person sentenced to death, but he cannot grant him pardon.

DISCRETIONARY POWERS:

Besides the above powers and functions of the Governor, he has some discretionary powers in the exercise of which he is not required to act on the advice of his Council of Ministers;

1) The Governor of Assam has discretionary powers in regard to the administration of tribal areas of the state.

2) In case, the President appoints a Governor as Administrator of an adjoining Union Territory, he shall exercise his functions independently.

3)The Governor of Nagaland has been   entrusted with responsibilities to be discharged vide his discretionary power in order to combat violent activities by the hostile elements.

4) He can dissolve the Legislative Assembly on the advice of the defeated or non-defeated Chief Minister. He can exercise his discretion in this regard.

5) He seeks instructions from the President before promulgating an ordinance dealing with certain important matters.

6) An occasion for exercising discretion may arise in the event of a conflict between the Union and the State Governments.

7) He may send any bill for the consideration of the President if it is in conflict with a law or policy of the Union Government.

8) He reports to the President as regards the breakdown of constitutional machinery in a state at his discretion.

9) When there is proclamation of State Emergency in a state, the Governor acts at his discretion.

The Governor cannot exercise discretionary powers when the State Council of Ministers is supported by the majority of the members of the Legislative Assembly.